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People v. McCarty4/26/2002
UNPUBLISHED
Defendant, Desean McCarty, was charged by indictment with three counts of first-degree murder (for the murder of one individual), one count of aggravated possession of a stolen motor vehicle and one count of aggravated fleeing or attempting to elude a police officer. The State later added a fourth count of first-degree murder. Following a bench trial, defendant was found guilty of one count of felony murder and sentenced to 40 years' imprisonment. Defendant now timely appeals.
On appeal, defendant argues that his conviction must be reversed because; (1) aggravated possession of a stolen motor vehicle is not a forcible felony; (2) he is excluded from culpability under a plain reading of the felony murder statute; (3) the State failed to prove proximate cause; (4) the trial judge's failure to enter a finding of guilt on the aggravated possession of a stolen motor vehicle count constitutes an implied acquittal on the predicate felony and/or the State failed to prove an essential element of the aggravated possession of a stolen motor vehicle offense; and (5) his sentence was excessive.
For the following reasons, we affirm.
I. BACKGROUND
The pertinent facts of the case involve the events that occurred the evening of September 20, 1997. Renell Brown testified that on Thursday September 18, 1997, she allowed her boyfriend, Andre Griffin, to use her automobile. Brown testified that she gave Griffin the maroon Chevrolet Caprice to drive it to Harvey, Illinois, to be repaired. Brown stated that Griffin had permission to use the car "for a couple of hours."
Andre Griffin testified that on September 18, 1997, he drove Brown's car to Harvey and had some work done on it. Griffin testified that someone had attempted to steal the car on a previous occasion and therefore the steering column was peeled and the car could only be started with a screw driver. Griffin stated that after the repairs were finished, he drove the car to a housing project on 154th Street in Harvey. Griffin testified that he rented Brown's car out to defendant in exchange for drugs. Griffin stated that defendant had permission to use the car for only three hours; however, defendant never returned. Griffin testified that two days later, defendant returned to the housing projects in the Caprice. Griffin requested that defendant return the car. Griffin stated that defendant said he was going to park the car behind the building, but he "punched the accelerator and took off."
Larry Mason testified that on Saturday, September 20, 1997, defendant pulled up in the maroon Caprice and asked if anyone wanted to buy the car. Mason noticed the steering column was peeled, and someone in the group told him "that's a stolen car, man, get that off our block."
Tia Brewton testified that on September 20, 1997, she was at her home at 84 East 155th Street, Harvey, Illinois. Brewton testified that at around 7:30 p.m. that night she was sitting on her front porch and heard sirens. Brewton walked to the end of her sidewalk and looked down the street. Brewton saw two men running across the street. Brewton stated that the first man made it across the street but the second man was hit by a police car. Brewton testified that when she first saw the men running, she noticed the police car lights coming "awfully fast."
James Sanders testified that on September 20, 1997, he was working at the gas station at 159th and Wood. Sanders testified that he heard sirens and saw a red Chevy being chased by a Markham police car. Sanders heard the sirens and observed the emergency lights flashing on the police car. Sanders testified that it appeared that the cars were tr
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