People v. Jallow
| Docket Number | 4-20-0045,4-20-0107 |
| Decision Date | 13 December 2021 |
| Citation | 2021 IL App (4th) 200045 U |
| Parties | THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ALPHA O. JALLOW, Defendant-Appellant. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ALPHA O. JALLOW, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
This Order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).
Appeal from Circuit Court of Champaign County Nos. 19CM652, 19CM893 Honorable Brett N. Olmstead, Judge Presiding. Honorable John R. Kennedy, Judge Presiding.
ORDER
¶ 1 Held: The appellate court affirmed, concluding (1) the State proved defendant guilty beyond a reasonable doubt of aggravated assault in Champaign County case No. 19-CM-893 and (2) the trial court did not abuse its discretion in resentencing defendant to 24 months' probation in Champaign County case No. 19-CM-652.
¶ 2 In July 2019, the State charged defendant, Alpha O. Jallow with one count of criminal trespass to real property (720 ILCS 5/21-3(a)(2) (West 2018)) in Champaign County case No 19-CM-652. In August 2019, defendant entered into a negotiated guilty plea to criminal trespass and received a sentence of three months' conditional discharge. In October 2019, the trial court granted the State's petition to revoke defendant's conditional discharge sentence. In November 2019, the court resentenced defendant to 24 months' probation. In September 2019, the State charged defendant with (1) aggravated assault (720 ILCS 5/12-2(c)(1) (West 2018)) (count I), (2) aggravated assault (720 ILCS 5/12-2(a) (West 2018)) (count II), (3) unlawful use of weapons (720 ILCS 5/24-1(a) (2) (West 2018)) (count III), (4) battery (720 ILCS 5/12-3 (a)(2) (West 2018)) (count IV), and (5) criminal trespass to real property (720 ILCS 5/21-3(a)(2) (West 2018)) (count V) in Champaign County case No. 19-CM-893. In December 2019, a jury found defendant guilty of criminal trespass to real property, battery, and aggravated assault (public place) and found defendant not guilty of unlawful use of weapons and aggravated assault (deadly weapon). In January 2020, the court sentenced defendant to 24 months' probation.
¶ 3 Defendant appeals, arguing (1) his conviction for aggravated assault in Champaign County case No. 19-CM-893 should be reversed because no rational trier of fact could find him guilty beyond a reasonable doubt and (2) the trial court abused its discretion in resentencing defendant to 24 months' probation in Champaign County case No. 19-CM-652. For the following reasons, we affirm the judgment of the trial court.
¶ 6 In September 2019, the State charged defendant with (1) aggravated assault (720 ILCS 5/12-2(c)(1) (West 2018)) (count I), (2) aggravated assault (720 ILCS 5/12-2(a) (West 2018)) (count II), (3) unlawful use of weapons (720 ILCS 5/24-1(a) (2) (West 2018)) (count III), (4) battery (720 ILCS 5/12-3 (a)(2) (West 2018)) (count IV), and (5) criminal trespass to real property (720 ILCS 5/21-3(a)(2) (West 2018)) (count V) in Champaign County case No. 19-CM-893.
¶ 8 In December 2019, the matter proceeded to a jury trial. Below, we summarize the evidence presented to the jury.
¶ 10 Lenish Kumar Patel testified his parents owned University Food & Liquor located at 211 West University Avenue in Champaign, Illinois, where he served as manager. According to Lenish, University Food & Liquor included a convenience store and a parking lot at the same location. Lenish testified he knew defendant, who for "maybe a couple years used to come and buy liquor, beer and other stuff." According to Lenish, defendant was not allowed on store property pursuant to a February 1, 2019, police issued trespass notice. Lenish testified defendant was still banned from the store on September 8, 2019. University Food & Liquor had a surveillance system in place on September 8, 2019.
¶ 11 According to Lenish, police asked him to review the store surveillance footage from September 8, 2019. Lenish reviewed the video and provided a copy to police. When the State played the surveillance footage during trial, Lenish identified the University Food & Liquor parking lot defendant, and Jigar Patel, a store employee, on the video.
¶ 12 The video showed defendant shifting between the grass and the sidewalk next to the store's parking lot. Jigar exited the store carrying cleaning supplies when he saw defendant walk toward him. Jigar took the cleaning supplies inside, then returned outside and approached defendant. Jigar then retrieved the cleaning supplies, came back outside, and defendant approached him. After Jigar spoke with defendant, he went inside the store, and defendant returned to the sidewalk. Approximately two minutes later, Jigar again exited the store and began to clean the door when defendant again approached. The two had a brief interaction, Jigar went back into the store, and defendant again returned to the sidewalk. Jigar came back outside and continued to clean the door, and defendant again approached. Jigar turned around and defendant raised his arm. Jigar put his hand on defendant's arm and went back inside the store.
¶ 13 b. Jigar Patel
¶ 14 Jigar testified with the assistance of a translator that, on September 8, 2019, he was working at University Food & Liquor at approximately 4:12 p.m. According to Jigar, he was cleaning the glass on the store's main door when he saw defendant approaching. Jigar testified defendant approached, pushed Jigar, and pulled out a knife. Jigar described the knife as small and black and stated he saw the blade. Jigar testified he was "really scared" and ran into the store. The State replayed a portion of previously shown surveillance video. Jigar identified the University Food & Liquor parking lot and himself. Jigar also identified the moment defendant showed him the knife.
¶ 15 Jigar testified his uncle translated for him when he spoke to police on September 8, 2019. Jigar stated, "I told my uncle that [defendant] tried to stab me and my uncle told the police officer that." Jigar and defense counsel had the following exchange:
Defense counsel confronted Jigar with a recording from the police officer's body camera. The footage showed Jigar telling police that defendant just showed him the knife. On redirect examination, Jigar testified,
¶ 16 c. Kelly Walton
¶ 17 Kelly Walton, a Champaign police officer, responded to a trespassing call at University Food & Liquor on September 8, 2019. When Officer Walton arrived, she saw defendant walking across the street toward the store. After Officer Walton detained defendant, a search of defendant's person revealed two knives in his right pants pocket.
¶ 18 d. Defendant
¶ 19 Defendant testified that, on September 8, 2019, at approximately 4 p.m., he went to University Food & Liquor intending to purchase a beer. As defendant approached the store, he made contact with an employee who told defendant he was not allowed in the store. Defendant testified, "I went back on the sidewalk to wait for somebody to go in there for me, if I see an, an acquaintance." No one came along, so defendant approached the store again and the employee again told him he had to leave. Defendant returned to the sidewalk.
¶ 20 Defendant approached the store a third time. Defendant testified, Defendant admitted he had knives in his pocket but denied using the knives or saying anything about the knives. When asked if he removed his hands from his pockets, defendant responded, Defendant thought Jigar told the police defendant had a knife because Jigar saw officers take a knife from defendant when they searched him in the parking lot.
¶ 22 The jury found defendant guilty of criminal trespass to real property, battery, and aggravated assault (public place) and found defendant not guilty of unlawful use of weapons and aggravated assault (deadly weapon). In January 2020, the trial court denied defendant's motion for a new trial and sentenced defendant to 24 months' probation. The court also denied defendant's motion to reconsider his sentence.
¶ 24 In July 2019, the State charged defendant with one count of criminal trespass to real property (720 ILCS 5/21-3(a)(2) (West 2018)) in Champaign County case No. 19-CM-652. In August 2019, pursuant to a negotiated guilty plea, defendant pleaded guilty to criminal trespass. The State dismissed two pending misdemeanor cases, and defendant was...
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