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People v. Johnson

OPINION FILED SEPTEMBER 12, 1978.

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

v.

JIMMIE R. JOHNSON, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Ogle County; the Hon. ALAN W. CARGERMAN, Judge, presiding.

MR. JUSTICE BOYLE DELIVERED THE OPINION OF THE COURT:

Following a jury trial in Ogle County, the defendant, Jimmie R. Johnson, was found guilty of operating an automobile while his license was revoked in violation of section 6-303 of the Illinois Vehicle Code (Ill. Rev. Stat. 1975, ch. 95 1/2, par. 6-303). The defendant was sentenced to six months' periodic imprisonment in the Ogle County jail, such sentence to be served every day unless the defendant was working.

On appeal the defendant contends that the trial court erred in admitting a certain exhibit, that he was not proved guilty beyond a reasonable doubt, and that his sentence was excessive.

The following events were testified to at trial:

At 12:30 a.m. on August 24, 1976, Sergeant Darrell Cash of the Ogle County sheriff's department was proceeding east on Route 64 and was at the intersection of River Road. At this time, a 1975 two-door Chevrolet pulled out of River Road onto Route 64 in front of Sergeant Cash, which caused him to quickly apply his brakes in order to avoid an accident. After following this automobile for a brief period, Sergeant Cash stopped this car because of the above traffic violation. At this time, the defendant driver switched seats with his passenger, but Sergeant Cash easily ascertained that the defendant was the driver of this automobile. After a check with the Secretary of State's Driver's License Division to ascertain the status of defendant's license, Sergeant Cash placed the defendant under arrest.

At trial, the State introduced People's Group Exhibit No. 1, hereinafter the exhibit, which were copies of three documents from the Illinois Secretary of State's office. Included in the above was an "Order of Revocation" signed and sealed by the Illinois Secretary of State, which provided in pertinent part as follows:

"ORDER OF REVOCATION

M. Day Yr.

Jimmie R. Johnson 05-02-38 Date of Revocation 02 06 75 645 So. 1st Street License Number J525-4363-8126 Rochelle 61068 071 Date of Conviction 12 09 74 J525-4363-8126 02-20-75 Authority: Section 6-205(a)2

Illinois Vehicle Code

Pursuant to the requirements of Section 6-204 of the Illinois Vehicle Code, a report has been received in my office of the conviction of the person named herein of the offense of operating a motor vehicle while under the influence of intoxicating liquor.

Therefore, IT IS HEREBY ORDERED that any and all Illinois drivers licenses or permits issued to such person, the privilege of obtaining a license as well as the privilege of operating a motor vehicle in this State, be and are hereby REVOKED, effective this date, as provided under the authority herein indicated."

Another of these documents was a certified document from the Illinois Secretary of State's office which provided:

"* * * that all statutory notices required of any driver control action taken have been properly given. I FURTHER CERTIFY Jimmie R. Johnson, File No. J525-4363-8126, ...


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