People v. Rakas, No. 75--286

CourtUnited States Appellate Court of Illinois
Writing for the CourtBARRY; STENGEL, P.J., and SCOTT
Citation4 Ill.Dec. 877,360 N.E.2d 1252,46 Ill.App.3d 569
Docket NumberNo. 75--286
Decision Date23 March 1977
Parties, 4 Ill.Dec. 877 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank L. RAKAS, Lonnie L. King, Defendants-Appellants.

Page 1252

360 N.E.2d 1252
46 Ill.App.3d 569, 4 Ill.Dec. 877
The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Frank L. RAKAS, Lonnie L. King, Defendants-Appellants.
No. 75--286.
Appellate Court of Illinois, Third District.
March 23, 1977.
Rehearing Denied April 13, 1977.

[46 Ill.App.3d 570]

Page 1253

[4 Ill.Dec. 878] G. Joseph Weller, Robert J. Agostinelli, Director Deputy State Appellate Defender, Ottawa, for defendants-appellants.

Michael B. Weinstein, James E. Hinterlong, Director Ill. State's Attys. Assn., Ottawa, L. Patrick Power, State's Atty., Kankakee, for plaintiff-appellee.

BARRY, Justice.

This is an appeal from the armed robbery convictions of Frank L. Rakas and Lonnie L. King following a jury trial in the Circuit Court of Kankakee County. Defendant Rakas was sentenced to sixteen (16) to thirty (30) years imprisonment and defendant King was sentenced to a term of imprisonment of eight (8) to twenty-four (24) years.

The incident which formed the basis of the multi-count indictment charging armed robbery against each defendant was an evening robbery of the Robert Hall clothing store in Boubonnais, Illinois, on February 4, 1975. One count charged the defendants with taking property from the cashier of the store, another with taking the ignition key to the car of Billy Glenn Woods, a stockboy, at the store, and a final count with taking the automobile belonging to Woods. Defendants contend that the court erred in entering judgments of conviction upon all three armed robbery offenses because they claim the charges arose from a single course of conduct. The State concedes that under the authority of People v. Whittington (1970), 46 Ill.2d 405, 265 N.E.2d 679, the trial court [46 Ill.App.3d 571] should not have entered judgments of conviction on both the courts charging defendants with armed robbery of the ignition key and the automobile belonging to Woods, (Counts II and III of the indictment). Both of those charges did arise out of the same conduct and in time and motivation were not separate and distinct offenses. Of those two only the judgment of conviction on the armed robbery of Woods' automobile (Count III) should stand. The judgment of conviction of armed robbery of the cashier at the Robert Hall store was a separate distinct offense from the armed robbery of the automobile. Although the other two robberies coincided in time they were of two separate persons and with a separate distinct motivation for each. We find no error in entering judgments of convictions based on those two charges of armed robbery. (People v. Grady (4th Dist, 1976), 43 Ill.App.3d 473, 2 Ill.Dec. 253, 357 N.E.2d 230). Several Illinois cases have found that a criminal defendant can be convicted and sentenced for more than one armed robbery when property is taken simultaneously from more than one victim. (People v. Butler (1976), 64 Ill.2d 485, 1 Ill.Dec. 204, 356 N.E.2d 330; People v. Prim (1972), 53 Ill.2d 62, 289 N.E.2d 601; People v. Terry (5th Dist, 1976), 38 Ill.App.3d 517, 347 N.E.2d 869). We agree.

Of the other issues raised by defendants several can be summarily decided. Firstly, defendants argue that the trial court erred in denying their motion to suppress evidence seized during an unlawful search of an automobile not belonging to either of the defendants but in which they were riding as passengers of a girlfriend. We conclude, as the trial court did, that the defendants lacked standing to complain of the allegedly unlawful search and seizure. Several recent Illinois cases have well established that without a proprietary or other similar interest in an automobile, a mere passenger therein lacks...

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6 practice notes
  • U.S. v. Ochs, No. 453
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 13, 1979
    ...White, in dissent, took the view that self-contradiction, --- U.S. at ---- n.6, 99 S.Ct. 421, and the decision below, People v. Rakas, 46 Ill.App.3d 569, 4 Ill.Dec. 877, 360 N.E.2d 1252 (1977), indicates this. See 4 Ill.Dec. at 879, 360 N.E.2d at 1254. In light of our conclusion that Ochs h......
  • Rakas v. Illinois, No. 77-5781
    • United States
    • United States Supreme Court
    • December 5, 1978
    ...areas. Jones v. United States, supra ; Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576, distinguished. Pp. 148-149. 46 Ill.App.3d 569, 4 Ill.Dec. 877, 360 N.E.2d 1252, affirmed. G. Joseph Weller, Ottawa, Ill., for petitioners. Donald B. Mackay, Chicago, Ill., for responden......
  • People v. Madej, No. 57256
    • United States
    • Supreme Court of Illinois
    • April 19, 1985
    ...38, par. 18-2.) There was no question here that property, the purse and its contents and the auto itself (see People v. Rakas (1977), 46 Ill.App.3d 569, 571, 4 Ill.Dec. 877, 360 N.E.2d 1252), was taken from the victim while the defendant was armed with a dangerous weapon, the knife. The def......
  • People v. Suttles, Nos. 83SA347
    • United States
    • Colorado Supreme Court of Colorado
    • July 16, 1984
    ...in an automobile, a mere passenger therein lacks standing to challenge the legality of the search of the vehicle." People v. Rakas, 46 Ill.App.3d 569, 571, 4 Ill.Dec. 877, 878, 360 N.E.2d 1252, 1253 The United States Supreme Court affirmed, based on its determination that being "legitimatel......
  • Request a trial to view additional results
6 cases
  • U.S. v. Ochs, No. 453
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 13, 1979
    ...White, in dissent, took the view that self-contradiction, --- U.S. at ---- n.6, 99 S.Ct. 421, and the decision below, People v. Rakas, 46 Ill.App.3d 569, 4 Ill.Dec. 877, 360 N.E.2d 1252 (1977), indicates this. See 4 Ill.Dec. at 879, 360 N.E.2d at 1254. In light of our conclusion that Ochs h......
  • Rakas v. Illinois, No. 77-5781
    • United States
    • United States Supreme Court
    • December 5, 1978
    ...areas. Jones v. United States, supra ; Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576, distinguished. Pp. 148-149. 46 Ill.App.3d 569, 4 Ill.Dec. 877, 360 N.E.2d 1252, affirmed. G. Joseph Weller, Ottawa, Ill., for petitioners. Donald B. Mackay, Chicago, Ill., for responden......
  • People v. Madej, No. 57256
    • United States
    • Supreme Court of Illinois
    • April 19, 1985
    ...38, par. 18-2.) There was no question here that property, the purse and its contents and the auto itself (see People v. Rakas (1977), 46 Ill.App.3d 569, 571, 4 Ill.Dec. 877, 360 N.E.2d 1252), was taken from the victim while the defendant was armed with a dangerous weapon, the knife. The def......
  • People v. Suttles, Nos. 83SA347
    • United States
    • Colorado Supreme Court of Colorado
    • July 16, 1984
    ...in an automobile, a mere passenger therein lacks standing to challenge the legality of the search of the vehicle." People v. Rakas, 46 Ill.App.3d 569, 571, 4 Ill.Dec. 877, 878, 360 N.E.2d 1252, 1253 The United States Supreme Court affirmed, based on its determination that being "legitimatel......
  • Request a trial to view additional results

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