[DOWNLOAD] "People v. Gutierrez" by Illinois Appellate Court — First District (1St Division) Judgment Affirmed * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Gutierrez
- Author : Illinois Appellate Court — First District (1St Division) Judgment Affirmed
- Release Date : January 16, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Defendants Edwin Gutierrez, Anibal Santiago, Eduardo Rosario and Alberto Arroyo were charged by indictment with the murder of Juan Gomez. Defendants Santiago, Gutierrez and Rosario were tried by a jury. Defendant Arroyo was tried at a simultaneous bench trial before the same judge. The trial court found Arroyo not guilty, while the jury found co-defendants Santiago, Gutierrez and Rosario guilty of murder. Santiago was sentenced to 70 years in prison, Gutierrez to 50 years in prison and Rosario to 40 years in prison. The appeals of Santiago, Gutierrez and Rosario have been consolidated by this court. The following arguments are set forth for our review: (1) Gutierrez and Santiago argue they were not proved guilty beyond a reasonable doubt; (2) Gutierrez contends his arrest was not supported by probable cause; (3) Santiago argues the State improperly used its peremptory challenges during voir dire to exclude blacks; (4) Santiago alleges he was prejudiced by a discovery violation by the State which resulted in ineffective assistance of counsel; (5) Gutierrez and Santiago argue that certain prosecutorial misconduct during trial and closing argument resulted in reversible error; (6) Gutierrez and Santiago assert that the trial court erred in allowing the State to present a certain unanticipated witness in aggravation and in denying their motion for a continuance to investigate the witness; and (7) Rosario, Santiago and Gutierrez contend their sentences are excessive. For the following reasons, we affirm as to all three defendants.