Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Pavone

OPINION FILED DECEMBER 30, 1976.

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

v.

LUCO XAVIER PAVONE, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Du Page County; the Hon. GEORGE W. UNVERZAGT, Judge, presiding.

MR. JUSTICE SEIDENFELD DELIVERED THE OPINION OF THE COURT:

Defendant was convicted of burglary and of theft over $150 following a jury trial. He was sentenced to a term of 2-6 years in the penitentiary.

Essentially defendant contends on appeal that he was not proved guilty since the State's witness who testified that a Luco Pavone was his accomplice was unable to identify the defendant at trial. He further contends that it was prejudicial error to then permit an assistant State's attorney to testify to the witness's identification of the defendant at a preliminary hearing. He also argues that the court erred in failing to instruct the jury to view the identification testimony with caution under the circumstances.

The witness, Mark Centofante, a minor who was placed under supervision for his part in the offense charged, testified that he went to his girl friend's home to smoke "pot" with "a person I met named Luco." He then stated that he and Luco went to a home where the burglary and theft took place. The witness was asked whether the man he referred to was in court. He answered, "I'm not sure." The questioning continued:

"Q. Do you see anybody that resembles the person that you know as Luco?

A. I can't be sure.

Q. What did Luco look like?

A. He's about my height, he had hair about down to here (indicating).

Q. What color?

A. Brown or black.

Q. Do you know his last name?

A. I think it's Pavone. I'm not sure.

Q. How did you know his name, sir?

A. Because of the chick that lives across ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.