People v. Lenard, Nos. 77-1961

CourtUnited States Appellate Court of Illinois
Writing for the CourtMcNAMARA; SIMON, P. J., and RIZZI
Citation398 N.E.2d 1054,79 Ill.App.3d 1046,35 Ill.Dec. 104
Decision Date26 December 1979
Docket Number78-1844,Nos. 77-1961
Parties, 35 Ill.Dec. 104 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bennie LENARD, Defendant-Appellant.

Page 1054

398 N.E.2d 1054
79 Ill.App.3d 1046, 35 Ill.Dec. 104
The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Bennie LENARD, Defendant-Appellant.
Nos. 77-1961, 78-1844.
Appellate Court of Illinois, First District, Third Division.
Dec. 26, 1979.

Page 1055

[79 Ill.App.3d 1047] [35 Ill.Dec. 105] Singer, Stein & Green, Chicago, for defendant-appellant.

Bernard Carey, State's Atty., Chicago (Marcia B. Orr, Paul C. Gridelli, Asst. State's Attys., Chicago, of counsel), for plaintiff-appellee.

McNAMARA, Justice:

Defendant, Bennie Lenard, was charged with resisting a police officer, unlawful use of a weapon, failure to possess a valid firearm owner's identification card, driving while intoxicated, battery, transportation of alcoholic liquor, failure to reduce speed, improper lane usage, and driving without a valid driver's license. The charges of failure to reduce speed, improper lane usage and driving without a valid driver's license were stricken with leave to reinstate by the prosecution after it had presented its case-in-chief. A jury convicted defendant of the petty offense of transportation of alcoholic liquor, Ill.Rev.Stat.1977, ch. 951/2, par. 11-502, and acquitted him on the other charges. The court entered judgment on the guilty verdict and fined defendant $100 and $215 costs. After filing a timely appeal, defendant filed a section 72 motion to vacate the judgment. (Ill.Rev.Stat.1977, ch. 110, par. 72.) The trial court denied the petition, and defendant appeals from his conviction and from the denial of his section 72 petition. Defendant contends on appeal that the prosecution failed to disclose and tender documents containing exculpatory material thus denying him a fair trial; that the trial court erred in failing to conduct an evidentiary hearing on his section 72 petition; that the trial court unduly restricted his right to cross-examine witnesses and to [79 Ill.App.3d 1048] introduce evidence; that the jury was not instructed as to the essential elements of the offense for which he was convicted; and that he was not proved guilty beyond a reasonable doubt.

On April 10, 1977, defense counsel filed a motion for discovery seeking an order directing the prosecution to produce evidence favorable to the defense. The prosecution responded that it had no such evidence in its possession. The following pertinent evidence was adduced at trial.

On January 31, 1977, at approximately 1:15 p. m., in Melrose Park, Illinois, a vehicle driven by defendant struck an automobile driven by Andrea Dreyer. Victoria Donahue was a passenger in the Dreyer vehicle.

Both women testified that when defendant emerged from his automobile after the accident he staggered as he walked. Dreyer noticed an odor of alcohol when she spoke to defendant. The drivers argued about who was at fault in the accident.

Page 1056

[35 Ill.Dec. 106] During this argument, defendant struck Dreyer once in the arm and grabbed the front of her coat. Dreyer then summoned the police.

Two employees of a nearby company testified that they saw defendant stagger, and one witness also observed defendant grab Dreyer's arm and coat. The witness further testified that defendant entered a blue pickup truck, after which the driver of the truck searched defendant's automobile and removed a brown paper bag.

Officer Joseph Sansone of the Melrose Park Police Department testified that upon his arrival on the scene he observed defendant stagger and that his speech was slurred. He formed the opinion that defendant was under the influence of intoxicating liquor. Officer Sansone testified that he saw his fellow officer, Robert Argento, search defendant's automobile and come out holding a gun and a can of beer.

Officer Argento testified that after effecting an arrest he attempted to handcuff defendant, but needed Sansone's assistance when defendant resisted. Argento seated defendant in the squad car and went to secure defendant's vehicle. When Argento opened the door of defendant's vehicle, Argento saw the butt of a pistol. After removing the revolver, he searched the automobile and found a half-filled beer can on the floor near the front seat. Argento testified that when he arrived at the station, he gave the beer can to either Caliendo or Carpino.

Dreyer and Donahue contradicted the officers' testimony regarding the search. They testified that after defendant was handcuffed and placed in Argento's vehicle, he was immediately driven away. The other eyewitnesses testified that they saw an officer search defendant's automobile and remove...

To continue reading

Request your trial
22 practice notes
  • Lenard v. Argento, Nos. 80-2602
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 15 Febrero 1983
    ...because of the trial court's refusal to allow Lenard to cross-examine the police officers for impeachment purposes. People v. Lenard, 79 Ill.App.3d 1046, 35 Ill.Dec. 104, 398 N.E.2d 1054 (1979). In dicta, however, the court did state that "[t]he evidence adduced was ample to sustain defenda......
  • Sherrod v. Berry, No. 85-3151
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 20 Agosto 1987
    ...Breen and the City as follows (Defendants' App. 49-51): In this case, the facts are entirely different [from those in People v. Lenard, 79 Ill.App.3d 1046 [35 Ill.Dec. 104, 398 N.E.2d 1054] (1st Dist.1979) ]. There was evidence, much of it the testimony of Berry, the defendant Breen, and po......
  • People v. Phillips., No. 79-1470
    • United States
    • United States Appellate Court of Illinois
    • 4 Mayo 1981
    ...10 Ill.2d 74, 139 N.E.2d 286; People v. Bristow (1980), 80 Ill.App.3d 535, 36 Ill.Dec. 91, 400 N.E.2d 511; People v. Lenard (1979), 79 Ill.App.3d 1046, 35 Ill.Dec. 104, 398 N.E.2d 1054.) Showing bias, interest or motive to testify is an accepted method of impeachment. (People v. Richmond (1......
  • People v. Averhart, No. 1-98-2545.
    • United States
    • United States Appellate Court of Illinois
    • 30 Diciembre 1999
    ...include, but are not limited to, the following: (1) whether the alleged abuse concerns defendant and a key witness (People v. Lenard, 79 Ill.App.3d 1046, 1050, 35 Ill.Dec. 104, 398 N.E.2d 1054 (1979)); (2) whether the alleged abuse is not collateral, but direct and positive (People v. Greer......
  • Request a trial to view additional results
22 cases
  • People v. Phillips., No. 79-1470
    • United States
    • United States Appellate Court of Illinois
    • 4 Mayo 1981
    ...10 Ill.2d 74, 139 N.E.2d 286; People v. Bristow (1980), 80 Ill.App.3d 535, 36 Ill.Dec. 91, 400 N.E.2d 511; People v. Lenard (1979), 79 Ill.App.3d 1046, 35 Ill.Dec. 104, 398 N.E.2d 1054.) Showing bias, interest or motive to testify is an accepted method of impeachment. (People v. Richmond (1......
  • Lenard v. Argento, Nos. 80-2602
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 15 Febrero 1983
    ...because of the trial court's refusal to allow Lenard to cross-examine the police officers for impeachment purposes. People v. Lenard, 79 Ill.App.3d 1046, 35 Ill.Dec. 104, 398 N.E.2d 1054 (1979). In dicta, however, the court did state that "[t]he evidence adduced was ample to sustain defenda......
  • Sherrod v. Berry, No. 85-3151
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 20 Agosto 1987
    ...Breen and the City as follows (Defendants' App. 49-51): In this case, the facts are entirely different [from those in People v. Lenard, 79 Ill.App.3d 1046 [35 Ill.Dec. 104, 398 N.E.2d 1054] (1st Dist.1979) ]. There was evidence, much of it the testimony of Berry, the defendant Breen, and po......
  • People v. Averhart, No. 1-98-2545.
    • United States
    • United States Appellate Court of Illinois
    • 30 Diciembre 1999
    ...include, but are not limited to, the following: (1) whether the alleged abuse concerns defendant and a key witness (People v. Lenard, 79 Ill.App.3d 1046, 1050, 35 Ill.Dec. 104, 398 N.E.2d 1054 (1979)); (2) whether the alleged abuse is not collateral, but direct and positive (People v. Greer......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT