People v. Wallerstedt, 78-176

CourtUnited States Appellate Court of Illinois
Citation33 Ill.Dec. 179,77 Ill.App.3d 677,396 N.E.2d 568
Docket NumberNo. 78-176,78-176
Parties, 33 Ill.Dec. 179 PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Michael WALLERSTEDT, Defendant-Appellee.
Decision Date22 October 1979

Page 568

396 N.E.2d 568
77 Ill.App.3d 677, 33 Ill.Dec. 179
PEOPLE of the State of Illinois, Plaintiff-Appellant,
v.
Michael WALLERSTEDT, Defendant-Appellee.
No. 78-176.
Appellate Court of Illinois, Third District.
Oct. 22, 1979.

[77 Ill.App.3d 678] Edward Petka, State's Atty., Joliet, John X. Breslin, State's Attys. Appellate Service Com'n, Ottawa, for plaintiff-appellant; Gary F. Gnidovec, State's Attys. Appellate Service Com'n, Ottawa, of counsel.

Michael Filipovic, Robert Agostinelli, Deputy State Appellate Defender, Ottawa, for defendant-appellee.

ALLOY, Justice:

The People of the State of Illinois (hereinafter "State") appeal from a judgment of the Circuit Court of Will County, in which the trial court, after a jury had returned a verdict, finding defendant Michael Wallerstedt guilty of armed robbery, "dismissed the indictment" against the defendant Wallerstedt, holding that the evidence was insufficient to sustain the armed robbery conviction. The issue sought to be raised by the State is whether the trial judge erred in dismissing the indictment against the defendant after the jury had returned its verdict of guilty. A preliminary issue, with respect to the right of the State to appeal in this case, has been raised by the defendant. Defendant contends that the State does not have the right to appeal from the judgment entered, in view of the fact that, in substance and effect, the determination was a judgment of acquittal by the trial court.

The record discloses that on August 17, 1977, defendant Michael Wallerstedt was indicted for two separate offenses, (1) aggravated kidnapping and (2) armed robbery. The armed robbery indictment was based

Page 569

[33 Ill.Dec. 180] on the accountability statute (Ill.Rev.Stat.1977, ch. 38, par. 5-2(c)(1)). The indictment charged that Wallerstedt aided one Steven Fehr in the commission of an armed robbery.

The facts and circumstances giving rise to the indictment stem from an incident occurring on July 22 and July 23, 1977. The evidence produced by the State indicated that on July 22, 1977, John Reinhofer attended a party at a Will County farm. In the early morning hours of July 23, 1977, while Reinhofer was at the party, he was confronted by a number of persons at that party, including the defendant, and, also, Steven Fehr, Rebecca Hopman, and others. The confrontation arose by reason of Reinhofer's previous activity as a drug informant during 1976, which activity allegedly resulted in a narcotics prosecution against Fehr. [77 Ill.App.3d 679] The testimony at the trial indicated that Fehr, with others in support, threatened and taunted Reinhofer outside the barn, and at one point, Fehr put a gun to Reinhofer's head and told him he was dead. When Reinhofer tried to get back into his automobile to leave, defendant Wallerstedt shut the door. Others then grabbed Reinhofer and pushed him into the barn. There, after another unsuccessful attempt by Reinhofer to escape, Fehr again put a gun to his head and Wallerstedt, along with another, grabbed Reinhofer and pushed him. Reinhofer testified that Wallerstedt, along with others, urged Fehr to "either kill him or hang him." Continuing threats were made to Reinhofer until he offered to pay Fehr $4,000, the alleged cost of his attorney's fees on the narcotics charge. In response, Fehr struck Reinhofer and made further threats. Reinhofer then apparently convinced Fehr to take the money which was at his house in town, and they went to the cars parked outside the barn. Fehr, defendant Wallerstedt, Rebecca Hopman and Reinhofer got into Reinhofer's automobile. Others got into another automobile. The first auto was driven by Reinhofer, with Hopman and Fehr riding in the front seat with Wallerstedt in the back seat. They drove to the Reinhofer house, with either Hopman or Fehr holding a gun on Reinhofer for at least part of the trip. When they got to the house, Reinhofer drove in the driveway. There, Fehr attempted to grab the keys out of the ignition, "for security," but Reinhofer was able to get them and jump out of the car. Fehr then jumped out of the car, stopped Reinhofer with a gun to his head and said, "Give me the keys." Reinhofer, after first hesitating, gave a key to Fehr and then ran into the house. When Fehr tried the key in the ignition, he realized that Reinhofer had given him the trunk key. At that point, Reinhofer's parents emerged from the house, shouting that they wanted to see Steven Fehr. Fehr and the others then jumped into the other vehicle and left. While there is no need to set it forth at length, for the purposes of this appeal, we do note that there was considerable impeaching evidence of Reinhofer presented, largely in the form of very inconsistent statements by him concerning the night in question.

After presentation of closing arguments and the giving of instructions, the jury deliberated and returned verdicts acquitting Wallerstedt of aggravated kidnapping, but finding him guilty of armed robbery, unlawful restraint and...

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8 cases
  • People v. Mink
    • United States
    • United States Appellate Court of Illinois
    • July 26, 1989
    ...favor, correct or not, of some or all of the factual elements of the offense charged. (See People v. Wallerstedt (1979), 77 Ill.App.3d 677, 680, 33 Ill.Dec. 179, 396 N.E.2d 568.) Here, the trial court resolved the challenge to the sufficiency of venue evidence in defendant's favor. A retria......
  • People v. Brown, 4-84-0702
    • United States
    • United States Appellate Court of Illinois
    • July 24, 1985
    ... ... (People v. Wallerstedt (1979), 77 Ill.App.3d 677, 680, 33 Ill.Dec. 179, 181, 396 N.E.2d 568, 570.) The legal effect of a directed verdict is to bar, under double jeopardy principles, its vacation or reversal. Stout; In re L.R.; In re R.K.K. (1983), 112 Ill.App.3d 982, 68 Ill.Dec. 573, 446 N.E.2d 307; People v ... ...
  • People v. Oswald
    • United States
    • United States Appellate Court of Illinois
    • May 20, 1982
    ... ... Wallerstedt, 77 Ill.App.3d 677, 680, 33 Ill.Dec. 179, 396 N.E.2d 568 (1979) ...         The orders dismissing the charges against the defendants were not "judgments ... [62 Ill.Dec. 399] of acquittal." The trial judge in fact found both defendants guilty as charged and as admitted by the guilty ... ...
  • People v. Van Cleve, 53902
    • United States
    • Illinois Supreme Court
    • January 21, 1982
    ...held that our constitution prohibits the appeal of judgments of acquittal notwithstanding the verdict (People v. Wallerstedt (1979), 77 Ill.App.3d 677, 33 Ill.Dec. 179, 396 N.E.2d 568; People v. Augitto (1971), 1 Ill.App.3d 78, 273 N.E.2d 15). The appellate court allowed the motion and dism......
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