APPEAL from the Circuit Court of Tazewell County; the Hon.
CALVIN R. STONE, Judge, presiding.
MR. JUSTICE STENGEL DELIVERED THE OPINION OF THE COURT:
Defendant Debra Guppy was indicted on 15 counts of perjury and, after a bench trial, she was convicted on 13 counts. The perjury charges arose from false testimony given before the grand jury investigating an armed robbery allegedly committed by her ex-husband during their marriage. Defendant was given one sentence of 3 years' probation on all 13 counts. On appeal, defendant contends that she committed only one offense, that convictions on 12 counts should be reversed, and that this cause should be remanded for resentencing on the 13th count. In addition, she argues that the proof offered by the prosecution did not sustain the allegations of Counts 13, 14, and 15.
The facts are not disputed. Defendant was subpoened before the grand jury to testify concerning a possible charge of armed robbery against her ex-husband in the case of People v. Burgess. She was granted immunity from prosecution, her requests for advice of counsel were refused, and she was directed to answer all questions. During her interrogation she was asked the following questions, which are numbered to correspond to the counts in the indictment:
1. "Q. Did you call the Morton Police Department to divert them to some other residence at that time? A. No."
2. "Q. Are you saying that you did not see any of the proceeds of an armed robbery or any unusual amount of money in your home that evening, or in any area at that time? A. Yes."
4. "Q. Well, did you ever see any of the proceeds of the armed robbery? A. No."
5. "Q. Did you see any unusual amount of money in your home that evening? A. No.
6. "Q. At any time in the month of February, did you see any unusual amount of money in your home? A. No."
7. "Q. So, in other words, you were never asked any questions or gave any answers, is that what you are saying? A. Yes."
8. "Q. At any time during the month of February do you remember any large amount of money or currency being in your home, say about Two or Three Thousand ($2000 or $3000) Dollars? A. No."
9. "Q. Did you recall ever seeing him saw off a barrel of a shotgun? A. No."
10. "Q. Did you buy about Five Hundred ($500.00) Dollars worth of new tools? A. I don't know."
11. "Q. Are you saying now that you don't know anything about any robbery that occurred about the 9th day of February, 1973, at Karsmeyer's Market in Morton, Illinois, is that what you are saying? A. Yes."
Later the same day after returning an indictment charging her ex-husband with armed robbery, the grand jury recalled defendant, and she was ...