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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Illinois Appellate Court; 100 Ill. App. 3d 263. Datos: https://static.case.law/ill-app-3d/100/cases/0263-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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People v. Varela, 100 Ill. App. 3d 263 (Illinois Appellate Court, 1981) Mr. JUSTICE McGLOON delivered the opinion of the court: George Varela and Eloy Ortiz were charged by indictment with armed robbery and three counts of aggravated battery. After a jury trial, both were found guilty of armed robbery and sentenced to seven years in the Illinois Department of Corrections. Defendant Varela appeals. On appeal, defendant argues that (1) pretrial identification procedures were suggestive and evidence of the identification was therefore admitted improperly; (2) the State failed to lay the proper foundation for the admission of a weapon and analysis results of stains thereon; (3) he was not proved guilty beyond a reasonable doubt; (4) the trial court erred by failing to strike from the presentence report all arrests not resulting in convictions; and (5) his trial counsel was incompetent. We affirm. Complainant Earnest Mackey testified that while sleeping in his car on the early morning of February 13, 1978, he was awakened by the sensation of a person’s hand in his pocket. Mackey struggled with his assailant and was cut by a knife on his nose, hand and left cheek. When the assailant backed away, Mackey exited from his car and saw the assailant and another man who had been standing nearby. The two men approached a red Chevrolet. Mackey noted the auto’s license number on a piece of paper. Mackey drove his car to a nearby corner. He stopped a squad car, told the policemen he had been…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Illinois Appellate Court; 100 Ill. App. 3d 263. Datos: https://static.case.law/ill-app-3d/100/cases/0263-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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People v. Varela, 100 Ill. App. 3d 263 (Illinois Appellate Court, 1981) Mr. JUSTICE McGLOON delivered the opinion of the court: George Varela and Eloy Ortiz were charged by indictment with armed robbery and three counts of aggravated battery. After a jury trial, both were found guilty of armed robbery and sentenced to seven years in the Illinois Department of Corrections. Defendant Varela appeals. On appeal, defendant argues that (1) pretrial identification procedures were suggestive and evidence of the identification was therefore admitted improperly; (2) the State failed to lay the proper foundation for the admission of a weapon and analysis results of stains thereon; (3) he was not proved guilty beyond a reasonable doubt; (4) the trial court erred by failing to strike from the presentence report all arrests not resulting in convictions; and (5) his trial counsel was incompetent. We affirm. Complainant Earnest Mackey testified that while sleeping in his car on the early morning of February 13, 1978, he was awakened by the sensation of a person’s hand in his pocket. Mackey struggled with his assailant and was cut by a knife on his nose, hand and left cheek. When the assailant backed away, Mackey exited from his car and saw the assailant and another man who had been standing nearby. The two men approached a red Chevrolet. Mackey noted the auto’s license number on a piece of paper. Mackey drove his car to a nearby corner. He stopped a squad car, told the policemen he had been…