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People v. Flannigan

MARCH 3, 1971.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

ROCKE FLANNIGAN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Hamilton County; the Hon. JOHN DAILY, Judge, presiding.

MR. JUSTICE GEORGE J. MORAN DELIVERED THE OPINION OF THE COURT:

Defendant, Rocke Flannigan, was found guilty in a jury trial in the Circuit Court of Hamilton County of resisting a peace officer in violation of Ill. Rev. Stat. 1969, ch. 38, par. 31-1. He then entered a plea of guilty to a charge of reckless driving-second offense in violation of Ill. Rev. Stat. 1969, ch. 95-1/2, par. 145, and was sentenced to terms of one year and six months, respectively, to be served consecutively at the State Farm at Vandalia. Defendant appeals from both judgments of conviction.

At approximately 3:30 or 4:00 P.M. on the afternoon of April 25, 1969, defendant was seen by various people driving his car in and around McLeansboro, Illinois, in what may be described for purposes of this opinion as a reckless manner. Defendant had been having an argument with his girl friend, Sharon Thomas, who was being walked home by a mutual friend, Donald Donaldson. At the place where the incident occurred defendant had pulled his car off to the side of the road near where his friend and girl friend were walking as he had done several times immediately preceding this in an attempt to talk with her.

Sergeant Carl Pendell, a state patrolman, testified that he was on duty at that time, that it was reported to him, and he saw, that defendant was driving his car in a reckless manner. He stopped his patrol car behind defendant's car and walked up to the car where defendant was sitting behind the steering wheel. He told defendant that he was under arrest and to come with him. Defendant asked what the charge was. Pendell told him reckless driving. Defendant asked who was going to prefer the charges and Pendell answered that he was. Defendant used profane language and told Pendell that the police were always picking on him. Pendell reached in the car to get the keys but defendant grabbed them from the ignition and put them in his pocket. Then he took the keys out and put them back in the ignition, but he did not start the car. Pendell again reached into the car and grabbed the keys. Defendant asked him to return the keys so he could give them to his girl friend. However, Pendell refused. Instead, he asked defendant two or three times to get out of the car and when defendant did not do so immediately, Pendell reached in and took defendant from the car. When he was outside, defendant said, "Take your hands off me. I'll go." Pendell released him but defendant would not go, so he put his hands on defendant again and took him back to the patrol car. When Pendell first released defendant, defendant jerked his arm away but made no attempt to run, nor did defendant hit or push Pendell after he was released.

"Q: Did he say, let me alone, I will go with you? Did he say take your hands off me, I will go with you?

A: Yes, sir.

Q: And what did he do?

A: He wanted to argue.

Q: Did you make any effort to go toward your squad car and have him follow or say, get going, and I will follow you?

A: No.

Q: What made you put your hand on him, after you jerked him out of the car and let him alone, what made you grab him and force him in the squad car?

A: When your arrest someone, you ask them to go with you peaceful like, and we would like for them to do that. When they don't do it, we are supposed to take them back to the squad car by other means, and I put my hand on his arm and took him back to the car, which is what I am supposed to do.

Q: Did he make any effort to flee or run when you were taking ...


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