People v. Hines

• Decision Date: 02 December 1976
• Docket Number: No. 13484,13484
• Citation: People v. Hines, 357 N.E.2d 884, 44 Ill.App.3d 204, 2 Ill.Dec. 664 (Ill. App. 1976)
• Parties: , 2 Ill.Dec. 664 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James Lafayette HINES, Defendant, and Leon Shivers, Defendant-Appellant.
• Court: Appellate Court of Illinois

Page 884

357 N.E.2d 884

44 Ill.App.3d 204, 2 Ill.Dec. 664

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James Lafayette HINES, Defendant and Leon Shivers, Defendant-Appellant.

No. 13484.

Appellate Court of Illinois, Fourth District.

Dec. 2, 1976.

Richard J. Wilson, Deputy State Appellate Defender, Springfield, Jeffrey D. Foust, Asst. Defender, for defendant-appellant.

James R. Burgess, Jr., State's Atty., Champaign County, Urbana, G. Michael Prall, Principal Atty., Ill. State's Attys. Ass'n, Statewise Appellate Assistance Service, James R. Sandrs, Staff Atty., Springfield, for plaintiff-appellee.

REARDON, Justice.

Following a jury trial in the circuit court for the Sixth Judicial Circuit, Champaign County, the defendant, Leon Shivers, was convicted of the offense of armed robbery in violation of section 18--2 of the Criminal Code of 1961 (Ill.Rev.Stat.1973, ch. 38, par. 18--2). Defendant was sentenced to a term of imprisonment for a minimum of 6 years and a maximum of not more than 18 years. Defendant appeals from this sentence, alleging that it is excessive in that defendant has no prior felony record.

The evidence introduced at trial reflects that James Woolsey was pulled from an automobile by two males as the automobile was parked in an alley beside his apartment in Champaign, Illinois, on the evening of December 20, 1974. Woolsey testified that one of the men, James Hines, punched him while the other man, the defendant herein, held an ice pick against his face. The two men wrestled Woolsey to the muddy ground and Hines removed eight dollars from Woolsey's wallet. Hines and the defendant demanded more money from Woolsey, who was then ordered to remove his coat. Hines examined the coat and one of the men told Woolsey to remove his shoes and pants which Hines also examined.

Hines then searched through the automobile while the defendant continued to hold the ice pick to Woolsey's chest. As Hines exited from the automobile, he pushed the defendant with the door, knocking defendant onto Woolsey who was still held at bay by defendant. Woolsey's nose was scratched by the pick, but he was not otherwise injured. Thereafter, Hines' foot struck a cement block and he said to the defendant, 'Finish him off with the brick.' It was at that time that the police arrived.

John Gronager, Woolsey's roommate, viewed the incident from an apartment window and corroborated much of Woolsey's testimony.

The State also presented the testimony of officers Pridemore, Walker, and Reid of the Champaign police department. Pridemore stated that when they arrived at the scene, no one was attacking anyone. Walker stated that the defendant was bending over Woolsey when the police arrived, but that he did not see anything in defendant's hand. Pridemore stated that no weapons were found on either Hines or the defendant, although Reid and John Gronager discovered an ice pick under the automobile.

In defense, Hines and the defendant testified, in essence, that Hines was seeking to recover some money which Hines thought Woolsey had previously taken from him. Hines stated that Woolsey instigated the altercation by pushing him after he requested the return of his money.

Armed robbery is a Class 1 felony, and under the Unified Code of Corrections (Ill.Rev.Stat.1973, ch. 38, par. 1005--8--1 Et seq.) the offense does not have a maximum sentence, although the minimum term is determined pursuant to section 5--8--1(c)(2) which states:

'(F)or a Class 1 felony, the minimum term shall be 4 years unless the court, having regard to the nature and circumstances of the offense and the history and character of the defendant, sets a higher minimum term.' (Ill.Rev.Seat.1973, ch. 38, par. 1005--8--1(c)(2).)

Furthermore, the one-third of the maximum rule mandated for Class 2 and 3 felonies is not applicable to Class 1 felonies. Ill.Rev.Stat.1973, ch. 38, par. 1005--8--1(c).

The...