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People v. Davis

OPINION FILED MARCH 10, 1976.

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

v.

RONALD DAVIS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. JOHN F. HECHINGER, Judge, presiding.

MR. JUSTICE DIERINGER DELIVERED THE OPINION OF THE COURT:

Ronald Davis, the defendant, appeals his conviction of violation of felony probation and subsequent sentence of 6 to 18 years in the State penitentiary.

The defendant raises the following issues: (1) whether the evidence adduced at the hearing was sufficient to establish defendant violated probation and (2) whether the sentence imposed was proper.

On July 30, 1970, defendant pled guilty to the crime of attempt armed robbery and was sentenced to 5 years' probation, the first six months of which to be served in the County Jail. While on probation defendant was indicted for armed robbery. After his arrest and a hearing on a Rule to Show Cause, he was found guilty of violation of probation and sentenced to 6 to 18 years in the State penitentiary.

On May 29, 1974, at the hearing on the rule to show cause, David Morris and Kenneth Mitchell, the complainants, testified for the State as to the armed robbery.

The complainants first met the defendant on the day of the occurrence. The defendant called Mr. Mitchell on the telephone and they agreed to meet, along with Mr. Morris, to inspect and purchase some 13 color television sets which were in the possession of the defendant. The complainants were to put up $1,000 to buy the sets.

After meeting initially at Mitchell's place of business, the three men drove to a residential building at 79th and Evans, supposedly the apartment of defendant's brother, where the televisions were purportedly kept.

Morris was carrying a gun but the defendant directed that he leave it with Mitchell. Mitchell also had a gun but the defendant was unaware of it.

All three men proceeded up a fire escape behind the building. Mitchell was told to wait on the second floor landing for defendant's brother, who was to arrive in a panel truck. The other two men proceeded to the third floor. While out of the view of Mitchell the defendant robbed Morris at gunpoint and ordered him to call Mitchell up to the third floor. The defendant then robbed Mitchell and told the complainants to run. In total, defendant forced the complainants to relinquish more than $1,100 plus a few items of jewelry and a gun.

The complainants reported the robbery immediately to the police but omitted their reason for being in the neighborhood.

On cross-examination Morris admitted that in reporting the incident, he and Mitchell told the police that defendant had approached them on the street and robbed them at gunpoint.

The defendant testified on his own behalf and denied robbing the two complainants.

The trial judge found defendant was guilty of violating his probation.

After discussion with his counsel, the defendant elected to be sentenced under the Unified Code of Corrections. The judge subsequently sentenced defendant to ...


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