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People v. Krouse

OCTOBER 16, 1972.

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

v.

LARRY KROUSE, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Christian County; the Hon. RAYMOND O. HORN, Judge, presiding.

MR. PRESIDING JUSTICE GEORGE J. MORAN DELIVERED THE OPINION OF THE COURT: Defendant Larry Krouse pled guilty to the charges of burglary and theft and made an application for probation. The trial court of Christian County, after a hearing on defendant's application for probation, denied probation and sentenced the defendant to a term of not less than four nor more than ten years in the Illinois State Penitentiary.

Defendant raises issues for review in three categories: (1) Whether Count I of the complaint properly charged the offense of burglary; (2) whether defendant was properly admonished prior to pleading guilty; and (3) whether the trial court erred in denying probation.

• 1 Count I of the complaint charged burglary and stated, in pertinent part that:

"Larry Krouse did * * * commit the offense of burglary in that he did knowingly and without authority enter a building, to-wit: DLR Supply Co., occupied by J.R. White, with the intent to commit therein a felony or theft * * *."

The complaint went on to state the date, approximate time, village and county in which the alleged offense occurred. Defendant contends there is no allegation of ownership of the building which was entered by defendant.

There are generally three reasons for requiring the possession and occupancy of the premises to be stated in an indictment for burglary: (1) for the purpose of allowing the defendant to adequately prepare his defense; (2) for the purpose of so identifying on the record that the premises alleged to have been broken into did not belong to the accused; and (3) for the purpose of so identifying the offense as to protect the accused from a second prosecution for the same offense. There is in the present case sufficient identification of legal possession and of the wrongful acts charged to enable the defendant to prepare his defense and to plead former conviction in bar of another prosecution for the same offense, whether or not DRL Supply Co. or J.R. White held legal title. People v. Foster, 30 Ill.2d 106, 195 N.E.2d 700; People v. Collins, 123 Ill.2d 138, 260 N.E.2d 30.

Defendant contends that the trial court failed to fulfill the requirements of Illinois Supreme Court Rule No. 402 (50 Ill.2d R. 402), by

(1) not informing defendant of the nature of the charge as required by Rule 402(a)(1);

(2) not advising defendant of the minimum and maximum sentence which might be imposed and not advising defendant that such sentences could be imposed consecutively;

(3) failing to inform defendant that he had the right to plead not guilty;

(4) failing to advise defendant that he was waiving a right to trial and to confront witnesses against him, and

(5) failing to determine that the plea was voluntary in nature.

The trial court attempted to determine that Krouse understood the nature of the charge by stating, "This case is a charge of burglary and theft" and asking the defendant, "You have been furnished a copy of the complaint in this case, have you not?" to which the defendant answered, "Yes, sir," and asking, "You have read the complaint * * * and do you understand what you are charged with, do you?" to which the defendant again answered, "Yes, sir."

• 2 We do not want to contribute to confusion over distinctions between Rule 402(a)(1) and 402(c), but in this case when the trial court apparently was attempting to determine a factual basis for the plea by requiring the state's attorney to state the facts upon which the complaint was predicated, it also elicited a reasonably clear and hard-to-misunderstand restatement of the nature of the charge. The state's attorney stated, briefly, but adequately, "Your Honor, this defendant in the company of two other individuals did enter without authority business establishments, two of them, in the Village of Morrisonville and from the establishment DRL Supply Company owned by J.R. White and obtain control over property in this business and did steal and carry away quantities of merchandise from this store in excess of the value of $150.00." The ...


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