People v. Ortiz
| Decision Date | 31 December 1975 |
| Docket Number | No. 60847,60847 |
| Citation | 35 Ill.App.3d 283,340 N.E.2d 714 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gerald ORTIZ and Michael Havron, Defendants-Appellants. |
| Court | United States Appellate Court of Illinois |
James J. Doherty, Public Defender of Cook County, for defendant-appellants; Lance R. Miner, Marilyn Israel, Chicago, of counsel.
Bernard Carey, State's Atty. of Cook County, for plaintiff-appellee; Laurence J. Bolon, Marcia B. Orr, Iris E. Sholder, Chicago, of counsel.
Michael Havron and Gerald Ortiz, defendants, were found guilty after a jury trial of the crime of armed robbery. (Ill.Rev.Stat.1971, ch. 38, par. 18--2.) Havron was sentenced to a term of from 8 to 30 years and Ortiz was sentenced to a term of from 5 to 15 years. Defendants appeal arguing that the trial court erred in denying their motion to quash the arrests. Defendant Ortiz also argues that the trial court improperly restricted his right to cross-examine the complaining witness.
At the pretrial motion to quash the arrests, Chicago Police Officer Gary Lapidus testified that on September 18, 1972, the police received a complaint from Peggy Hammond that she had been raped. Ms. Hammond identified Ortiz and Curtis Horne as the men who attacked her. As a result of this complaint, on September 20, 1972, Officer Lapidus together with other Chicago police officers and Peggy Hammond proceeded to 4710 North Kenmore, Chicago, Illinois. Peggy Hammond identified the proper apartment. As the police officers were talking to Mrs. Havron, who opened the door, they observed defendant Ortiz run by the door with a gun in his hand. The officers entered the apartment and Ortiz ran out the back door. Ortiz was pursued and placed under arrest by other officers. Inside the apartment, Officer Lapidus observed several suitcases and a variety of clothing bearing price tags from Marlene's Discount Store. Defendants Havron and Curtis Horne were placed under arrest inside the apartment. Officer Lapidus did not have a warrant for the arrest of either defendant.
At trial, Sam Sulkin, the owner of Marlene's Discount Store, and Ricky Correa, a part-time employee of the store, testified that on September 18, 1972, the two defendants together with two other men entered the store. The four men looked around the store for approximately one hour during which time Sulkin had a conversation with each of them. One of the men then approached Sulkin, produced a gun and announced a robbery. Defendant Havron emptied the register while one of the other men searched Sulkin. The men forced Sulkin and Correa into the back room where their hands were bound. Sulkin testified that when the men left the back room he looked into the store through a one-way mirror. At that time the observed defendants Havron and Ortiz, together with the other two men, take several suitcases off the rack and pack various items of clothing from the store into the suitcases. After fifteen to twenty minutes, the four men left the store. The police were immediately notified.
On September 20, 1972, Sulkin and Correa viewed a lineup of approximately ten men. Both men viewed the lineup separately and both men identified the defendants Ortiz and Havron as two of the men who had robbed them.
Chicago Police Officers Gary Lapidus, David Sandlund, Thomas Rennie, Randall Ryan, Donald Roth, John Roberts and James Allotta testified that on September 20, 1972, they proceeded to 4710 North Kenmore, Chicago, Illinois. Officers allotta and Roberts positioned themselves at the rear of the building while the other officers went to an apartment on the second floor. After knocking, Mrs. Havron opened the door. At that time the officers observed defendnt Ortiz run past the door with a gun in his right hand. The officers entered the apartment. Ortiz ran out the back door of the apartment and was pursued by Officers Allotta and Roberts. During the chase, defendant Ortiz fired one shot at the officers. Ortiz was subsequently apprehended several blocks away after a foot chase.
Inside the apartment the officers observed several suitcases and a variety of clothing bearing price tags from Marlene's Discount Store. The clothing was subsequently identified by Sam Sulkin as being taken from his store in the robbery. Recovered in the bedroom of the apartment was a loaded .38 caliber revolver which Sulkin testified was similar to the one used in the robbery of his store.
At the station, defendants Ortiz and Havron were each interviewed separately. After being advised of their constitutional rights, both defendants admitted the robbery of Marlene's Discount Store on September 18, 1972.
Defendants' first contention is that because the police entered the apartment without an arrest warrant when the police had the opportunity to secure a warrant, their arrest was unlawful and the personal...
To continue reading
Request your trial
-
People v. Montgomery
...914, 32 L.Ed.2d 689, 92 S.Ct. 2445, People v. Bailey (1st Dist. 1978), 60 Ill.App.3d 1046, 377 N.E.2d 273, and People v. Ortiz (1st Dist. 1975), 35 Ill.App.3d 283, 340 N.E.2d 714. In Johnson, the defendant argued that a warrantless entry into one's home in order to effectuate an arrest was ......
-
People v. Von Hatten
...did not need a warrant to enter a private home to make an arrest if there was probable cause for that arrest. (People v. Ortiz (1975), 35 Ill.App.3d 283, 340 N.E.2d 714.) Recently, however, the Third District Appellate Court has called that doctrine into question. (See People v. Wolgemuth (......
-
People v. Devine, 79-546
...among the twenty-four states who permitted such warrantless entries and arrests. (100 S.Ct. 1386, n. 46.) See also, People v. Ortiz (1975), 35 Ill.App.3d 283, 340 N.E.2d 714; People v. Denwiddie (1977), 50 Ill.App.3d 184, 8 Ill.Dec. 592, 365 N.E.2d 978; People v. Logan (1979), 78 Ill.App.3d......
-
People v. Hart
...(1979), 76 Ill.App.3d 331, 32 Ill.Dec. 107, 395 N.E.2d 54; People v. Bell (1976), 41 Ill.App.3d 233, 355 N.E.2d 38; People v. Ortiz (1975), 35 Ill.App.3d 283, 340 N.E.2d 714; People v. Franklin (1974), 22 Ill.App.3d 775, 317 N.E.2d 611.) Abney was appealed to the Illinois Supreme Court and ......