People v. Mabry

State: Illinois

Court: 1st District Appellate

Docket No: 1-08-0862 Rel

Case Date: 02/26/2010

Preview:FIFTH DIVISION February 26, 2010

No. 1-08-0862

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVON MABRY,

Defendant-Appellant.

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Appeal from the Circuit Court of Cook County. No. 04 CR 24248 Honorable Marcus Salone, Judge Presiding.

JUSTICE LAVIN delivered the opinion of the court: In the wake of an armed robbery that resulted in the shooting death of a store owner on South Halsted Street in the city of Chicago, defendant Devon Mabry was arrested, charged with first degree murder, armed robbery and burglary. He was tried and found guilty of first degree murder and armed robbery by a jury and was initially sentenced by the trial judge to a period of 75 years' imprisonment for the murder, to be served concurrently with 30 years' imprisonment for armed robbery. After defendant had filed his notice of appeal, the trial court apparently recognized a sentencing error and altered the term to 44 years' imprisonment for murder and 25 years for discharging a firearm, to be served consecutively with 6 years for armed robbery. For the several reasons detailed below, we affirm defendant's convictions for first degree murder and armed robbery, but vacate the sentences and remand to the trial court for resentencing. BACKGROUND Defendant Devon Mabry, James Higgins, and Andre Howard were charged with first

1-08-0862 degree murder and armed robbery for the shooting death of In Hwang on September 10, 2004, at his place of business at 93rd and Halsted in Chicago. While in custody, defendant made a videotaped statement to Assistant State's Attorney (ASA) Robert Robertson. Defendant's motion to suppress his inculpatory statements was denied and his videotaped statement was published for the jury at trial. In the videotape, defendant explained that on September 10, 2004, around 2 p.m., he, Higgins, and Howard met outside an apartment building. There they discussed Higgins' dream that the three of them had robbed Hwang's beauty supply store. Because the dreamed criminal venture was successful, the three thought they could do it in real life. Thus began their planning of the robbery, the main feature of which was the use of use two guns

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