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People v. Garlin

OPINION FILED NOVEMBER 13, 1981.

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

v.

WILLIAM PAUL GARLIN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Christian County; the Hon. JOSEPH L. FRIBLEY, Judge, presiding.

MR. JUSTICE KARNS DELIVERED THE OPINION OF THE COURT:

Defendant, William Paul Garlin, appeals from a judgment of conviction in the Circuit Court of Christian County entered on a jury verdict finding him guilty of the offenses of burglary and theft over $150. He was sentenced to concurrent terms of imprisonment of 4 1/2 years and 3 years, respectively.

On appeal, defendant raises the following issues: (1) whether he was denied a fair trial by the admission of certain testimonial and physical evidence suggestive of prior criminality; (2) whether the trial court erred in denying his tendered instruction on the offense of theft under $150; (3) whether the trial court erred in denying his motion in limine to preclude his impeachment by a prior conviction; and (4) whether he is entitled to additional credit against his prison sentence for time spent in custody.

On March 6, 1978, defendant was charged by information with the burglary of the home of Frank Marcogliese and the theft of several items of Marcogliese's personal property. At that time, a warrant was issued for defendant's arrest but defendant could not be located within the State. On June 20, 1978, defendant was arrested in Oregon pursuant to a fugitive warrant from Christian County. Defendant was released from custody on July 5, 1978, because Christian County apparently failed to comply with the Oregon extradition procedures. In June 1979, defendant was apprehended in Florida on a parole violation based on the burglary and theft charge. It is unclear from the record whether the Florida arrest was effected on June 8 or June 25. Thereafter, defendant was transferred to Illinois and released on bond pending trial.

At the trial, Frank Marcogliese testified that on February 27, 1978, at approximately 8 p.m., he and his wife returned to their home located in Kincaid, Illinois, after having been out since 5 p.m. Approaching the back door, Marcogliese observed that the door knob had been removed. Marcogliese then entered the house and examined all the rooms. The only room that had been disturbed was the front bedroom where the dresser drawers had been emptied onto the floor. Marcogliese stated that he immediately noticed that his guns and ammunition kept in the dresser were missing. Upon further examination, Marcogliese found the following items missing: a watch, a movie camera and about $10 taken from a toy bank. All the doors and windows were locked when Marcogliese and his wife left their home earlier that evening. Marcogliese did not know defendant.

In addition to the facts related above, Marcogliese testified as to the value of the personal property that was missing. Marcogliese stated that the three missing guns were purchased for a total of $383.95. On objection of defendant, the judge instructed the jury that the evidence was admitted to prove the original purchase price and not to prove the value of the guns at the time the offense was committed. Marcogliese testified that he was familiar with the value of guns in that he had owned guns for 20 years, purchased at least a dozen guns, read gun magazines and attended gun auctions. Over objection of defendant, Marcogliese stated that in his opinion the total value of the guns on the date the offense was committed was $500; the value had increased because one gun had become a collector's item. Marcogliese further testified that about $10 had been taken from a toy bank. No evidence was presented concerning the value of the other missing items. None of the personal property has been recovered.

Michael Rora testified that on February 27, 1978, at about 7 p.m. or 7:30 p.m., while passing the Marcogliese home he noticed something jump out in front of him. Rora stated that he turned on his bright headlights and saw a man, about 15 yards away, carrying a sack over his shoulder. Rora testified that he had a good opportunity to view the individual because his headlights shone directly on the man's face. Rora further testified that he identified defendant from a group of five photographs shown to him at the sheriff's office on March 3, 1978, and, again, on September 30, 1979. Rora was not acquainted with the defendant.

Detective Wise of the Christian County sheriff's department testified that he went to the Marcoglieses' home after report of the burglary. He first examined the back door and found that the lock on the doorknob had been broken. He stated that after examining the entire house, the only room which appeared disturbed was the southwest bedroom. In the bedroom, Wise observed the contents of the dresser drawers scattered about the room. Wise found a toy bank lying on the bed which he later brought to the sheriff's department to dust for latent fingerprints. He explained that he obtained a lift from the bank and compared it to several of the fingerprints on file at the Christian County Correctional Center before determining that the latent fingerprint was the defendant's. Thereafter, Wise brought the latent print and defendant's known prints to Cecil L. McDougall of the Illinois State Crime Lab. Wise testified that McDougall made an enlargement and comparison of the prints. Wise further testified that he identified 12 matching characteristics from the enlarged latent prints and defendant's known prints. After having been qualified to testify as a fingerprint expert, Wise stated that, in his opinion, the latent print taken from the toy bank was the left ring finger of the defendant.

Wise also testified that he obtained a photograph of defendant and four other individuals with similar appearances from the Correctional Center's files, the photographs having been taken at a previous time. On March 3, 1978, and again on September 30, 1979, Wise showed these photographs to Rora at the sheriff's office. Wise testified that on both occasions Rora identified the defendant.

Cecil L. McDougall, fingerprint examiner at the Illinois State Crime Lab, testified concerning his qualifications as a fingerprint expert. He then explained the procedures employed in fingerprint analysis. McDougall stated that, in his opinion, the latent print was the left ring finger of defendant.

Prior to the testimony of Wise and McDougall, the State presented the testimony of Michael Anderson and Daris L. Boaden. Michael Anderson testified that he had been employed by the Christian County sheriff's department from 1975 through 1978, to work the booking desk during the evening. He identified defendant's photograph and fingerprint card and testified that he had prepared them incident to the arrest of defendant on October 22, 1977.

Daris L. Boaden, sheriff of Christian County, testified that it was his department's regular procedure to take photographs and fingerprints of all persons that were arrested. He identified defendant's photograph and fingerprint card. Boaden also explained that the numbers written on the placard under the photograph referred to the year, month and the number of the "prisoner." In response to the prosecutor's question, Boaden stated that he had known defendant at least six years. Defense counsel did not object to any of the questions asked of Boaden.

At the close of the State's case, all five photographs and the defendant's fingerprint card were admitted into evidence. The fingerprint card was an arrest card prepared by Anderson on October 22, 1977. The judge instructed the jury that the description of the offense, #77-T-17084, from Sangamon County, meant that the arrest was on a traffic charge originating in Sangamon County.

Testifying on his own behalf, defendant stated that at the time of the offense he lived with his father in Bolivia, Christian County. At the time of trial, defendant was living with his wife in Springfield. Defendant admitted that he had been convicted previously of burglary as a result of a guilty plea. Defendant denied burglarizing the Marcogliese home ...


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