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[Download] "People v. Johnson" by Illinois Appellate Court ? First District (1St Division) Affirmed in Part and Remanded # eBook PDF Kindle ePub Free

People v. Johnson

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eBook details

  • Title: People v. Johnson
  • Author : Illinois Appellate Court ? First District (1St Division) Affirmed in Part and Remanded
  • Release Date : January 29, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

Following a jury trial, defendant, LeCurtis Johnson, was convicted of armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18-2), and sentenced to a term of 10 years in the Illinois Department of Corrections. On appeal, defendant contends that: (1) the trial court erred in admitting into evidence shotgun shells found in his apartment; (2) the cumulative effect of improper prosecutorial comments during closing argument denied him his right to a fair trial; (3) the trial court abused its discretion in sentencing defendant to 10 years' imprisonment; (4) the trial court erred in denying defendant's motion for a new trial predicated on newly discovered evidence; and (5) the State's discriminatory use of peremptory challenges violated defendant's constitutional rights. For the reasons that follow, we affirm in part and remand for an evidentiary hearing on the issue of the State's use of peremptory challenges. The record sets forth the following facts pertinent to this appeal. On Friday, May 6, 1983, approximately 4:45 p.m., Janet Majcher, salesclerk at Wieboldt's Department Store, River Forest, was robbed at gunpoint of approximately $1,000 in cash and checks while carrying the currency from the basement Budget Department where she worked to the third-floor Customer Service Department. Janet testified that while walking up the stairs between the first and second floors at Wieboldt's, she heard footsteps behind her, turned around and saw defendant, who was wearing dark pants and a burgundy shirt. Janet then continued going up the stairs until defendant ordered her to stop and to put the bags that she was carrying into his gym bag. When Janet refused, defendant pulled out a gun and clicked the trigger. At that point, Janet dropped her packages into defendant's gym bag; and defendant turned and ran down the stairs. Janet estimated that the entire confrontation lasted approximately three minutes. The stairwell was brightly lit and was open between the floors. After defendant fled, Janet began to yell for help and ran to the third floor.


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