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People v. Morgan

OPINION FILED NOVEMBER 27, 1974.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

FRANK MORGAN ET AL., APPELLANTS.



Appeal from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook County; the Hon. Richard J. Fitzgerald, Judge, presiding.

MR. JUSTICE DAVIS DELIVERED THE OPINION OF THE COURT:

During one evening, two 17-year-old defendants committed acts which resulted in three separate indictments in the circuit court of Cook County, charging them with murder, numerous counts of armed robbery, and burglary. In the case at bar, the defendants, after jury trial, were found guilty of the robbery of Michael Kroll, and each defendant was sentenced to not less than 10 nor more than 20 years in the penitentiary, said sentences to be consecutive to the sentences imposed in the other two indictments, as hereinafter set forth.

This case deals only with the charge of an armed robbery of Michael Kroll. The conviction on that charge was affirmed by the appellate court (14 Ill. App.3d 232), and we granted leave to appeal. At the time this case was called for trial the defendants had previously been found guilty of murder, of burglary, and of six specific counts of armed robbery; and Judge Philip Romiti, who had tried indictments Nos. 70-1186 and 70-1187, after a finding of guilty by a jury, imposed the following concurrent sentences:

Defendant Defendant

Indictment Frank Morgan Walter McCalvin

70-1186 Burglary, 5 to 15 Burglary, 5 to 15 years years

Armed Robbery of Armed Robbery of Donald Hamilton, Donald Hamilton, 15 to 30 years 15 to 30 years

Armed Robbery of Armed Robbery of Susan Hamilton, Susan Hamilton, 15 to 30 years 15 to 30 years

70-1187 Murder of Hobart Murder of Hobart Scott, 100 to 199 Scott, 100 to 199 years years Armed Robbery of Armed Robbery of Daniel Libretti, Daniel Libretti, 20 to 60 years 20 to 60 years

Armed Robbery of Armed Robbery of Richard Juschel, Richard Juschel, 20 to 60 years 20 to 60 years

Armed Robbery of Armed Robbery of J.D. Lee, 20 to J.D. Lee, 20 to 60 years 60 years

Armed Robbery of Armed Robbery of Gilbert Law, 20 Gilbert Law, 20 to 60 years to 60 years

After these sentences were imposed, the defendants filed a motion for substitution of a judge, and this case was assigned to Judge Richard J. Fitzgerald.

Except for the circumstance that the various criminal acts under consideration took place on the same date, there is nothing in the record to establish that the series of offenses for which the defendants were charged, convicted and sentenced were committed as a part of a single course of conduct. To the contrary, each case involved different victims, and the place ...


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