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People v. Krantz

OPINION FILED SEPTEMBER 27, 1974.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT,

v.

RICHARD KRANTZ, APPELLEE. — THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

JOHN BARR, APPELLANT.



No. 46078. — Appeal from the Appellate Court for the Fourth District; heard in that court on appeal from the Circuit Court of Macon County; the Hon. Rodney A. Scott, Judge, presiding.

No. 46252. — Appeal from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook County; the Hon. James E. Murphy, Judge, presiding.

MR. JUSTICE WARD DELIVERED THE OPINION OF THE COURT:

Paul Bradley, First Deputy Appellate Defender, of Chicago (Kenneth L. Jones and Lynn Sara Frackman, Assistant Appellate Defenders, of counsel), for appellant.

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (James B. Zagel, Assistant Attorney General, and Patrick T. Driscoll, Jr., and William F. Linkul, Assistant State's Attorneys, of counsel), for appellee.

Two indictments returned in the circuit court of Macon County charged Richard Krantz, the defendant under No. 46078, with the offense of forgery (Ill. Rev. Stat. 1971, ch. 38, par. 17-3). On September 18, 1972, through his attorney, Krantz withdrew pleas of not guilty he had entered and offered what were negotiated pleas of guilty to both indictments.

Before accepting the pleas the court advised Krantz that he had the right to plead not guilty and that by pleading guilty he would waive his right to trial by jury and the right to be confronted with witnesses against him. The court explained the minimum and maximum sentences that could be imposed for the offenses and questioned the defendant to insure his pleas were being freely made.

The report of proceedings at the time the pleas of guilty were taken includes this questioning of the defendant by the court:

"Mr. Krantz, do you understand what you're charged with in these indictments, forgery?"

Defendant: "Yes."

The record also shows that the assistant State's Attorney, in the presence of the defendant and his counsel, then made the following statement:

"[O]ur evidence would show at trial is that on or about sometime just prior to the 18th day of July, the State Bank of Blue Mound advised deputy Loren Wellwood, a deputy sheriff, of certain checks which bore the signature of his wife were returned by the bank. Deputy Wellwood and the bank then went over the cancelled checks and Deputy Wellwood found that there were a series of checks missing from his check book numbered 426 to 450 and specifically among those were numbers 428 and 430, the check numbers as set forth in respective indictments. A check of the cancelled checks showed that they were payable to the order of this defendant and signed purportedly by Norma Wellwood. The signature of Norma Wellwood did not match the signature card of the bank and Mrs. Wellwood stated she did not sign the checks nor did she give anyone authorization to sign her name.

Further investigation disclosed with respect to check number 428 that this check was in fact cashed at a gas station and that the proprietor, Mr. Colvester, remembered that it was Mr. Krantz who had in fact cashed the check.

Mr. Krantz was advised of his rights after he was arrested and he made a statement to police officers in the presence of Officer Glick that he had taken these checks and made them out, signed the name of Mrs. Wellwood and cashed them."

The defendant did not question any part of the prosecutor's recital and added that the reason he had forged the signatures on the checks was to "get revenge" against ...


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