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People v. Collins

OPINION FILED MAY 6, 1977.

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

v.

WILLIE COLLINS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Peoria County; the Hon. RICHARD E. EAGLETON, Judge, presiding.

MR. JUSTICE BARRY DELIVERED THE OPINION OF THE COURT:

Defendant, Willie Collins, was charged by indictment with the offense of theft of property having a value in excess of $150 in violation of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 16-1). During the third day of the first trial a mistrial was declared upon defendant's motion when the State failed to disclose a 10-page police report pursuant to a prior discovery ruling, and sought to use the report at the trial. At the retrial, the jury returned a verdict of guilty of felony theft and the court entered judgment of conviction thereon. This appeal followed.

Defendant was arrested on March 18, 1975, by an officer of the Peoria Police Department and charged with theft. He was subsequently indicted for knowingly exerting control over certain stolen property of Donald F. Keith, namely one Sony tape recorder and stereo receiver having a total value in excess of $150. The items of allegedly stolen property were discovered by police in plain view in Collins' Top 50 Record Shop. Donald E. Keith testified and identified the two items included in the indictment against defendant as having been burglarized from his home. Keith also identified several other items of property burglarized from his home, but which were not charged in the indictment. Several other victims of recent burglaries also testified and identified other items of evidence taken from their homes which also were not included in the indictment. Over defense objections, the testimony and exhibits were allowed by the trial court. A defense motion to strike the testimony because it related to other crimes than the one charged in the instant trial were denied. Gary Biles testified to performing the burglary of the Keith residence and the taking of the stereo equipment and other items not charged in the indictment which were taken to defendant's house. Defendant challenged the sufficiency of the indictment by a motion to dismiss and preserved his claim that the indictment was improper in his motion in arrest of judgment.

Defendant presents the following issues for review:

(1) Whether the indictment states an offense under the theft statute;

(2) Whether the defendant was twice placed in jeopardy for the same offense;

(3) Whether the trial court erred in admitting into evidence "pattern evidence" or evidence of other crimes;

(4) Whether defendant was proved guilty beyond a reasonable doubt on the question of "fair" cash market value;

(5) Whether the court erred in its instructions to the jury;

(6) Whether the court erred in requiring the defendant to post $5,000 in cash as a condition of his right to be free on bond pending appeal.

• 1 Defendant's first claim of error is that he was charged by indictment with an offense which he claims does not exist under Illinois law. Defendant was charged with violating section 16-1(d) of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 16-1(d)), which provides:

"A person commits theft when he knowingly:

* * *

(d) Obtains control over stolen property knowing the property to have been stolen by another or under such circumstances as would reasonably induce him to ...


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