People v. Rubio

State: Illinois

Court: 2nd District Appellate

Docket No: 2-07-0320 Rel

Case Date: 07/06/2009

Preview:No. 2--07--0320 Filed: 7-6-09 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Winnebago County. ) Plaintiff-Appellee, ) ) v. ) No. 05--CF--535 ) SALVADOR RUBIO, ) Honorable ) Kathryn E. Zenoff, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE O'MALLEY delivered the opinion of the court: Defendant Salvador Rubio appeals his conviction of and sentence for first-degree murder. The evidence at trial, which included incriminating statements defendant made during interviews with police, indicated that defendant and an acquaintance were walking through the parking lot of a bar when his acquaintance unlawfully entered an unoccupied car. The car's owner, alerted to the intrusion, confronted defendant's acquaintance. During the ensuing scuffle, defendant shot and killed the owner. On appeal, defendant argues that the trial court erred in denying his motion to suppress his confession to police and that the 60-year sentence imposed by the trial court was excessive. For the reasons that follow, we affirm the judgment of the trial court. Prior to the start of trial, defendant moved to suppress his statements to police, and the trial court held a hearing on defendant's motion. The court first heard preliminary testimony from several officers who watched defendant while he was in police custody, the detectives who brought defendant

No. 2--07--0320 from his home to the police interview room, and the officers who set up and used the video equipment that recorded defendant's interview. Next, Detective Vincent Lindberg testified that he interviewed defendant and his acquaintance after receiving a tip that they had been involved in the shooting. Lindberg recalled that he and Detective Glen Heidenreich obtained a confession from defendant's acquaintance just before defendant arrived at another police interview room in the same building. Lindberg testified that he and Heidenreich then interviewed defendant; the interview began at 6:43 p.m. Lindberg said they began the interview by notifying defendant of his Miranda rights (see Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966)) and informing him that the interview would be videotaped. A copy of a Miranda rights waiver form, with defendant's handwritten initials appearing next to each line describing defendant's rights, was admitted into evidence. Lindberg stated that the night's interview with defendant lasted approximately 2

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