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People v. Hammond

OPINION FILED APRIL 11, 1980.

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

v.

DONALD HAMMOND, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Mason County; the Hon. DAVID K. SLOCUM, Judge, presiding.

MR. JUSTICE GREEN DELIVERED THE OPINION OF THE COURT:

Rehearing denied May 8, 1980.

Defendant, Donald Hammond, appeals from judgments of the circuit court of Adams County convicting him, after a jury trial, of the offenses of pandering and conspiracy to keep a place of prostitution, and sentencing him to concurrent sentences of 2 years' imprisonment for each offense and additionally fining him $5,000 for the conspiracy offense. The sentences were imposed on April 30, 1979, and arose from an indictment returned June 7, 1978.

He asserts that (1) the evidence was insufficient to support either conviction; (2) he was denied due process of law by the State's failure to inform him of the address of its principal witness and that she had been offered immunity; (3) he was denied his right to a speedy trial; (4) the trial court erred (a) in admitting testimony showing another offense by defendant, (b) in admitting evidence of declarations of a co-conspirator before the introduction of evidence of a conspiracy, and (c) in ruling on jury instructions; and (5) the sentencing procedure was improper.

Section 8-2(a) of the Criminal Code of 1961 defines the inchoate offense of conspiracy in the following manner.

"(a) Elements of the offense.

A person commits conspiracy when, with intent that an offense be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of such agreement is alleged and proved to have been committed by him or by a co-conspirator." Ill. Rev. Stat. 1977, ch. 38, par. 8-2(a).

Section 11-17 of the Criminal Code of 1961 includes within the definition of the offense of keeping a place of prostitution the following:

"(a) Any person who has or exercises control over the use of any place which could offer seclusion or shelter for the practice of prostitution who performs any of the following acts keeps a place of prostitution.

(2) Grants or permits the use of such place under circumstances from which he could reasonably know that the place is used or is to be used for purposes of prostitution." Ill. Rev. Stat. 1977, ch. 38, par. 11-17.

Section 11-16(a) of the Criminal Code of 1961 describes in these words the type of pandering with which we are concerned here:

"(a) Any person who performs any of the following acts for money commits pandering:

(2) Arranges or offers to arrange a situation in which a person may practice prostitution." Ill. Rev. Stat. 1977, ch. 38, par. 11-16(a).

The prosecution's main witness was Dorothy Roscetti, a/k/a Tommi Roscetti, who testified to the following sequence of events. In February 1976, she met co-conspirator Lavada Woolums in Springfield, Illinois. Shortly thereafter, Woolums' sister-in-law took Roscetti to the New Virginia Hotel in Quincy, Illinois. After a few days at the hotel, Roscetti and defendant held a conversation wherein defendant told her that Woolums had called him and made arrangements for Roscetti to work as a prostitute at the hotel. During this conversation, Roscetti and the defendant also discussed money arrangements. The defendant told her that the prices she charged would be left up to her. After making a pickup in the bar she was to give the desk clerk $5 and sign in. When she came back downstairs, she was to give the bartender $5. She should then have at least $10 or $20 left. The defendant ...


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