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. Stanley

OPINION FILED JULY 14, 1983.

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

v.

GERALD STANLEY, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Macon County; the Hon. Rodney A. Scott, Judge, presiding.

JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

"The lion growled."

The trial judge said no more continuances, "* * * the court's business requires it to proceed to trial."

Trial in absentia.

Guilty.

We affirm.

Stanley was charged with theft with a prior conviction. He did not appear on his original trial date and his case was continued for one week. When Stanley again failed to appear, he was tried in absentia. The jury returned a guilty verdict; judgment was entered; and Stanley was sentenced — in absentia — to three years' imprisonment.

On appeal, he contends: His identity as the accused was not proved beyond a reasonable doubt; trial in absentia was improper; it was an abuse of discretion to deny his motion for continuance; and he was improperly sentenced for felony theft because the State failed to prove beyond a reasonable doubt that he had a prior theft conviction.

We consider these issues seriatim.

I

• 1 As trial below was held in absentia, it was impossible for the State to have its witnesses point to the defendant and say, "That's him, he did it." The State was obliged to prove identity by circumstantial evidence. We hold the State did so properly in this case.

The State introduced into evidence People's exhibit No. 1, which was a photograph. All three of the State's witnesses identified the person depicted in the photograph as Gerald Stanley. Sandra Wooley and her daughter, Cheryl, stated that the exhibit was a photograph of the Gerald Stanley who lived with them at the time $130 was stolen from Cheryl's purse. Officer Richard Hazen testified that he interviewed the Gerald Stanley in the picture and that Stanley had admitted the Wooley theft to him. This was sufficient to prove identity.

There is no reasonable doubt that the Gerald Stanley who lived with the Wooleys, the Gerald Stanley who admitted stealing from them, and the Gerald Stanley charged in this case are one and the same person. The jury so decided, and we will not disturb their ...


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.