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People v. Shick

January 25, 2001

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
RICHARD SHICK, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, No. 96--CF--4494 Honorable Gerald Kinney, Judge, Presiding.

The opinion of the court was delivered by: Justice Slater

After a jury trial, defendant, Richard Shick, was convicted of armed robbery (720 ILCS 5/18--2(a) (West 1996)) and sentenced to a 10-year term of imprisonment. On appeal, defendant contends: (1) the trial court erred by denying his motion to quash arrest; (2) the trial court erred by denying his petition to appoint a special prosecutor; (3) he received ineffective assistance of counsel; and (4) his sentence is excessive. For the reasons that follow, we affirm.

On August 27, 1996, Stacie Flores was working as a cashier at a convenience store located at the intersection of U.S. Route 52 (Route 52) and Illinois Route 59 in Shorewood, Illinois. At approximately midnight, a man wearing a mask, a red shirt, denim jeans, and brown work boots entered the store carrying a sawed-off shotgun and demanded that Flores fill a bag with the contents of the cash register. Flores complied and observed the man flee on foot heading west. Flores then activated the store's silent alarm.

Shorewood police officers responded shortly thereafter. After interviewing Flores, one of the responding officers spoke to Craig Wagner who had been dining at a restaurant located across the street. Wagner related that a waitress had come into the restaurant and announced that a robbery was taking place across the street. Upon exiting the restaurant to investigate, Wagner observed a man wearing a red shirt and blue jeans walking unhurriedly between some buildings west of the convenience store. He was carrying a brown bag and another unidentified object. Wagner observed him get into a white Chrysler New Yorker or Fifth Avenue with an obscured license plate and head west on Route 52.

At the time of the robbery, Angelo Sallese, a Minooka, Illinois, police officer, was on patrol within Minooka. At approximately 12:16 a.m., Sallese heard a bulletin concerning the robbery over the Wescom system, a police radio band serving the Shorewood, Channahon, and Plainfield police departments. According to the bulletin, an armed robbery had taken place in Shorewood and a suspect driving a white Chrysler with an obscured license plate had been seen heading westbound on Route 52. Sallese proceeded north on Ridge Road toward the intersection of Ridge Road and Route 52.

At a location outside of Minooka approximately two miles north of Interstate 80 (I-80), and some distance south of Route 52, Sallese encountered a white Chrysler traveling southbound on Ridge Road. The area has a posted speed limit of 55 miles per hour (mph). Although Sallese did not lock his radar gun on the Chrysler, he noted that the radar gun indicated the car was traveling at 30 to 35 mph. By the time Sallese passed the car, it had accelerated to 60 to 65 mph.

Sallese turned his vehicle around and began to follow the Chrysler. Sallese could not read the Chrysler's entire license plate number because the plate was bent. Sallese then informed the Wescom dispatcher that he believed he had found the Shorewood armed robbery suspect. While keeping the Wescom dispatcher apprised of his location, Sallese followed the Chrysler onto eastbound I-80. The Wescom dispatcher informed Sallese that other police units were on their way.

Eventually, Sallese followed the Chrysler to the junction of I-80 and Interstate 55 (I-55) where police from Shorewood, Channahon, Plainfield, Joliet, the Will County Sheriff's Department, and the Illinois State Police had taken position. Sallese followed the Chrysler onto the on-ramp to the southbound lanes of I-55. Sallese and other police units activated their mars lights. The Chrysler stopped some 200 to 300 feet south of the on-ramp. Sallese stopped his squad car two to three car lengths behind the Chrysler and shined his spotlight on the vehicle. While Sallese stood in front of his squad car with his gun drawn and targeted on the Chrysler, defendant exited his vehicle, was handcuffed, and was placed in the backseat of a Shorewood squad car.

Shorewood police escorted Stacie Flores to the scene of the traffic stop. Flores identified a red shirt and a brown work boot recovered from defendant's vehicle as items of clothing that her assailant had been wearing. She also identified defendant as being the same height and body type as her assailant.

Police also recovered a pair of blue jeans, shotgun shells, and a brown bag filled with cash during a search of defendant's vehicle. Officer Sallese later recovered a makeshift mask and a sawed-off shotgun from an area along Ridge Road where he had first come upon defendant's vehicle.

Defendant moved to quash his arrest on the ground that he had been subject to an invalid extraterritorial arrest. The trial court denied the motion.

I.

On appeal, defendant contends that the trial court erred by denying his motion to quash arrest. In particular, defendant maintains that his arrest was an invalid extraterritorial arrest because Officer Sallese was outside of his jurisdiction when he stopped defendant's vehicle.

Initially, we agree with defendant that we may not consider changes to the law effected by the enactment of Public Act 89--404 (Pub. Act 89--404, eff. August 20, 1995). Among other things, Public Act 89--404 amended section 7--4--8 of the Illinois Municipal Code (65 ILCS 5/7--4--8 (West 1996)) and added subsection 107--4(a--3) to the Code of Criminal Procedure of 1963 (725 ILCS 5/107--4(a--3) (West 1996)). These changes expanded the authority of police officers to act outside of their jurisdiction. Our supreme court has held that Public Act 89--404 was enacted in violation of the Illinois Constitution's single subject rule (Ill. Const. 1970, art. IV, §8(d)) and must be considered void ab initio. See People v. Reedy, 186 Ill. 2d 1, 708 N.E.2d 1114 (1999). Therefore, we must apply the law as though ...


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