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People v. Jones

Court of Appeals of Illinois, First District, Sixth Division

June 9, 2017

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
FREDRICK JONES, Defendant-Appellant.

         Appeal from the Circuit Court of Cook County. No. 12 CR 16965 Honorable James M. Obbish, Judge Presiding.

          JUSTICE DELORT delivered the judgment of the court, with opinion. Presiding Justice Hoffman and Justice Rochford concurred in the judgment and opinion.

          OPINION

          DELORT JUSTICE

         ¶ 1 After a bench trial, defendant Fredrick Jones was convicted of robbery and sentenced to 15 years' imprisonment. He raises three arguments on appeal. First, he contends that the circuit court erred by denying his motion to suppress the victim's identification testimony, which was based on a showup that defendant maintains was unduly suggestive. Second, he argues his attorney rendered ineffective assistance of counsel by failing-for purposes of perfecting impeachment-to have a third party present for a conversation she had with the victim in a hallway outside the courtroom. Third, he contends that the fines, fees, and costs order must be corrected to reflect pretrial credit. We affirm and correct the mittimus.

         ¶ 2 BACKGROUND

         ¶ 3 Defendant was charged by information with one count of armed robbery (720 ILCS 5/18-2(a)(2) (West 2012)) and one count of aggravated unlawful restraint (720 ILCS 5/10-3.1 (West 2012)). On September 27, 2013, a public defender filed a motion to suppress identification testimony on defendant's behalf. That attorney later withdrew from the case and assistant public defender Kyan Keenan took over the defense.

         ¶ 4 On February 6, 2014, Keenan filed an amended motion to suppress. That motion, which was largely duplicative of the original motion to suppress, stated that at 10:51 a.m. on August 31, 2012, defendant was arrested at 6330 South Elizabeth Street in Chicago by Chicago police officers. The officers were responding to a 9-1-1 call that was placed at 10:45 a.m., reporting a " 'person with a gun' " near 720 West 68th Street. After the police arrested defendant, they transported him by police car back to the scene of the robbery and presented him to Sean Coleman, the robbery victim. Coleman identified defendant. The motion argued that Coleman's identification testimony should be suppressed because the showup was unduly suggestive, as the defendant was handcuffed during the showup and Coleman's identification was not independently reliable.

         ¶ 5 On April 7, 2014, the court held an evidentiary hearing on the motion. At the hearing, Coleman testified that at 10:45 a.m. on the morning of August 31, 2012, he was robbed by a man with a gun while he was near 720 West 68th Street in Chicago. After the robbery, Coleman called 9-1-1. When the police arrived, they asked Coleman if he could identify the robbers. Coleman stated that he could. Thereafter, Chicago police officer Kevin Connors drove Coleman to a location a few blocks away. Coleman testified that during the drive, Officer Connors asked what the robber had taken, but that he had no recollection regarding whether Officer Connors stated if, or where, Coleman's stolen wallet had been found.

         ¶ 6 Attorney Keenan then asked Coleman if he "recall[ed] being in court on February 26th of 2013?[1] Coleman answered that he did, leading to the following colloquy:

Q. Right. Do you remember having a conversation with me in the hallway?
A. Yeah.
Q. Do you remember that I asked you did the officer's [sic] say anything to you in route from the scene to where you made your identification?
A. Basically they just asked me what was taken from me. Something along those lines.
Q. Do you remember telling me during that conversation that the officer told you that your wallet had been found on the person that you were going to identify?
A. No. I don't recall telling you that.
Q. Do you remember telling me that the officer's [sic]-
THE COURT: Was somebody else present?
MS. KEENAN: No, Judge.
THE COURT: You're making yourself a witness.
MS. KEENAN: Judge, I realize that and if that becomes the situation, (Inaudible) not to do that. I didn't expect that the witness would answer the way he's answering.
***
Q. Do you recall on February 26, 2014, when you had conversation with me outside the courtroom telling me that Officer Connors told you that this person that he was taking you to had ...

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