People v. Johnson, s. 84-0783

• Citation: 154 Ill.App.3d 301,507 N.E.2d 179,107 Ill.Dec. 515
• Decision Date: 09 April 1987
• Docket Number: Nos. 84-0783,84-0784,s. 84-0783
• Parties: , 107 Ill.Dec. 515 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jerry JOHNSON and Keith Williams, Defendants-Appellants.
• Court: United States Appellate Court of Illinois

Page 179

507 N.E.2d 179 154 Ill.App.3d 301, 107 Ill.Dec. 515 PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Jerry JOHNSON and Keith Williams, Defendants-Appellants. Nos. 84-0783, 84-0784. Appellate Court of Illinois,
First District, Fourth Division. April 9, 1987.

Page 180

[107 Ill.Dec. 516] [154 Ill.App.3d 302] James J. Doherty, Public Defender of Cook County (Hugh Stevens, Asst. P.D., of counsel), Chicago, for defendants-appellants.

Richard M. Daley, State's Atty. of Cook County (Joan S. Cherry, Kevin Sweeney, and Charles J. Thut, A/S/A, of counsel), Chicago, for plaintiff-appellee.

[154 Ill.App.3d 303] Presiding Justice McMORROW delivered the opinion of the court:

Following a jury trial, defendants Keith Williams and Jerry Johnson were convicted of attempt murder, aggravated battery, and home invasion. The court sentenced defendants to 20 years imprisonment on each count, the sentences to run concurrently. On appeal, defendants raise the following issues: 1) whether the method of drawing the jury venire for the defendants' petit jury denied the defendants due process and equal protection; 2) whether the

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[107 Ill.Dec. 517] court improperly excluded the impeachment of a witness with his guilty pleas to certain offenses; 3) whether the evidence supports the home invasion and attempt murder convictions. We affirm. BACKGROUND

The following summarizes the evidence presented at trial. Bennie Byas (Byas) was asleep with his girlfriend, Josie Bankston (Bankston), in his apartment on November 17, 1982, when he was awakened by his doorbell. He went to the door and saw through the window the defendant, Jerry Johnson (Johnson), whom he knew then only as "Jerry." Johnson told Byas that his car had broken down and asked to use Byas' telephone. As Byas was opening the door, Johnson pushed it in and handcuffed Byas' left wrist. Another man, whom Byas did not know, but whom he later identified as the defendant Keith Williams (Williams), followed Johnson into the apartment.

Johnson and Williams demanded Byas' money, wallet, and keys. Byas gave them his pants which contained his wallet with twenty dollars in it. When Byas refused to lie on the floor, Johnson hit him and told Williams to kill Byas' girlfriend, Bankston. As Williams started for the bedroom, Byas wrestled with Johnson for the gun and yelled a warning to Bankston. Williams shot Byas in the leg and arm. Johnson hit Byas with his gun; the gun discharged and a bullet grazed Byas' forehead.

Johnson and Williams fled but both were apprehended a short time later near Byas' apartment. According to the police, Williams was carrying an empty shoulder holster. Byas and Bankston identified Johnson and Williams. Anita Beck identified Johnson as the man who ran in front of her car as she drove by the apartment close to the time of the shooting.

Both Williams and Johnson admitted they came to Byas' apartment building near the time of the incident but deny they ever entered the building. Defendants Keith Williams and Jerry Johnson were convicted and sentenced as previously noted.

[154 ILL.APP.3D 304] OPINION

The defendants were brought to trial in the Markham, Illinois, court, located on the far south side of Cook County. Under Cook County Circuit Court Rules a jury venire at Markham may be drawn from the entire county or the southern half of the county. Defendants argue that the jury venires summoned for duty in the Markham court facility are always drawn from the southern half of the county. By contrast, according to defendants, jury venires summoned to duty at the Criminal Court Building, also located on the county's south side, are always drawn from the entire county.

Section 9.2 of the Jury Commissioners Act ("Act") provides that in counties containing more than one million inhabitants, jurors may be drawn from such parts of the county as are determined by court rule to be most favorable...