Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Blankenship

Court of Appeals of Illinois, First District, Sixth Division

November 1, 2019

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
JEREMIAH BLANKENSHIP, Defendant-Appellant.

          Appeal from the Circuit Court of Cook County. No. 16 CR 13578 Honorable James B. Linn, Judge, presiding.

          James E. Chadd, Patricia Mysza, and Maria A. Harrigan, of State Appellate Defender's Office, of Chicago, for appellant.

          Kimberly M. Foxx, State's Attorney, of Chicago (Alan J. Spellberg, and Brian K. Hodes, Assistant State's Attorneys, of counsel), for the People.

          JUSTICE HARRIS delivered the judgment of the court, with opinion. Justice Cunningham and Justice Connors concurred in the judgment and opinion.

          OPINION

          HARRIS, JUSTICE.

         ¶ 1 Following a bench trial, defendant Jeremiah Blankenship was convicted of robbery (720 ILCS 5/18-1(a) (West 2016)) and sentenced to four years' imprisonment. On appeal, defendant argues that his conviction should be reversed because the State failed to prove him guilty beyond a reasonable doubt where the sole eyewitness's identification of defendant as the offender was not reliable.[1] For the following reasons, we affirm.

         ¶ 2 I. JURISDICTION

         ¶ 3 The trial court sentenced defendant on May 31, 2017. He filed his notice of appeal that same day. Accordingly, this court has jurisdiction pursuant to article VI, section 6, of the Illinois Constitution (Ill. Const. 1970, art. VI, § 6); and Illinois Supreme Court Rule 603 (eff. Oct. 1, 2010) and Rule 606 (eff. Mar. 20, 2009), governing appeals from a final judgment of conviction in a criminal case entered below.

         ¶ 4 II. BACKGROUND

         ¶ 5 Defendant was charged with one count of armed robbery while armed with a firearm and one count of aggravated unlawful restraint while using a deadly weapon, stemming from the August 17, 2016, robbery of Dewantez Daniels. At trial, Daniels testified that, between midnight and 2:00 a.m., he left Lauonta Dyers's house to walk to a gas station to purchase pain medication and a "swisher." He was walking down the alley behind the house, looking at his 5-S iPhone, when he "bumped into" two men he did not know. Daniels identified defendant in court as one of the men.

         ¶ 6 The alley was dark and had no artificial lighting, but Daniels could see defendant was wearing black Adidas pants with a white stripe and holding a black 9-millimeter gun in his right hand. The other man had a white scarf covering his face from his nose to his chin, and defendant had a scarf around his neck, which he was trying to put over his face. Daniels was approximately two to three feet away from the men when defendant pointed the gun at him. Daniels put his hands up with his phone in his left hand. Wearing brand new Michael Jordan gym shoes, he immediately kicked them off because he did not "want no problem" and thought the men would want the shoes.

         ¶ 7 Defendant asked Daniels, "[W]hat you got?" He gave the gun to his partner and searched Daniels while the other man continued to point the gun at Daniels. Defendant took "[n]ine dollars and three bags of weed and an iphone" from Daniels. He asked Daniels for the passcode to the phone and, after checking the passcode, walked away with the other man. The men did not take Daniels's shoes.

         ¶ 8 Daniels hid in the bushes until the men were far enough away, and then he ran into Dyers's house. He wanted to retaliate against the men, but Dyers talked him out of it. When Daniels checked his "iCloud" phone locator on a computer, he determined his stolen phone was around the corner "on the next block." Daniels drove his car to his phone's location "trying to see if [defendant] was right there for real." He found defendant in front of an apartment building, wearing the same black Adidas pants with white striped lining he was wearing when he robbed Daniels 30 to 45 minutes earlier.

         ¶ 9 Dyers called the police, and Daniels made a police report. Daniels and the police officers drove to the apartment building to identify the person who took his phone. Defendant was still standing in front of the building where Daniels had last seen him. When the police turned on their lights, he ran into the building. The police did not follow him because they did not know which ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.