Appeal from the Circuit Court of Carroll County; the Hon. John
W. Rapp, Jr., Judge, presiding.
JUSTICE STROUSE DELIVERED THE OPINION OF THE COURT:
Rehearing denied October 7, 1985.
The defendant was convicted after a jury trial of perjury in making a false statement on an application for a driver's license (Ill. Rev. Stat. 1983, ch. 38, par. 32-2), and of driving on a revoked license (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 6-303). He was sentenced to concurrent terms of four years and 364 days respectively.
On April 23, 1984, the defendant, Vincent H. Barrios, was charged in a traffic complaint with the offense of driving while license revoked in violation of section 6-303 of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 6-303). On April 30, 1984, he was charged with the additional offense of perjury, when on March 13, 1984, he falsely affirmed an application for a driver's license in response to the following question: "Is your drivers [sic] license or privilege to obtain a license suspended, revoked, cancelled or refused in this or any other state?" and he stated "that his privilege to operate a motor vehicle in the State of Illinois was neither suspended or [sic] revoked at a time when he knew that his privilege to operate a motor vehicle or obtain a drivers [sic] license in the State of Illinois was suspended or revoked." (Ill. Rev. Stat. 1983, ch. 38, par. 32-2.) He entered a plea of not guilty to both charges and was tried before a jury on July 11, 1984.
The State's evidence showed that on April 23, 1984, a deputy sheriff, Dave Dyson, noticed the defendant, whom he knew, driving a car owned by Barbara Kellam. A radio check confirmed that the defendant's license had been revoked. After he was stopped, the defendant produced a driver's license issued March 13, 1984, which another radio check showed was valid. The defendant was ordered to the sheriff's office to check out the discrepancy. Defendant's original license, which had been revoked, had a birthdate of 1937, while the license issued on March 13, 1984, showed a 1941 birthdate.
A certificate of the Secretary of State showed the defendant's driving privileges were revoked on May 14, 1980. A proof of service of notification showed the period of revocation had been extended a year until May 20, 1982. His license was never reinstated pursuant to section 6-208(b) of the Code (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 6-208(b)) after May 20, 1982. The license which was issued to him on March 13, 1984, was cancelled on May 26, 1984.
The facts leading up to the discrepancy reveal that on March 9, 1984, the defendant appeared before Wanda Stewart, a service clerk at the Chadwick Driver's License Facility, with a valid Iowa license. The defendant stated that he had moved into the State of Illinois from Iowa and wanted to get an Illinois license. The State required that the defendant complete a written and vision test and submit a valid Iowa license. The original application given to him showed the date of birth as September 30, 1941. This was submitted as correct by the defendant in person and through his Iowa license. The application included the following question: "Is your driver's license or the privilege to obtain a driver's license revoked, cancelled or refused in this or any other State?" Defendant responded "no" and he wrote the word "no" on the application above the statement "I hereby affirm the information I furnished in this application for license is true to the best of my knowledge and belief." In response to question 4 on the application, defendant told the clerk he suffered from epilepsy. It therefore became necessary for him to obtain a physician's medical report. The defendant left the driver's license facility with all of the necessary information typed out on a form to be signed by his doctor. On May 13, 1984, he returned with the doctor's certificate. Wanda Stewart went over the questions with him again and the defendant then signed the application.
In March 1982, the defendant was charged with driving on a revoked license and no valid registration in case No. 83 CF 41, People v. Vincent Barrios. The same judge read from a transcript of that proceeding to the jury, over the defendant's objection, in the trial of the present case. The judge, who told the jury that it was offered for the sole and limited purpose of showing knowledge by the defendant of his status as a driver, read, in part:
"THE COURT: * * * Do you have a driver's license in Illinois at this time?
THE COURT: Do you know your privilege to drive in the State of Illinois is revoked?
Mr. Barrios: No, I don't.
THE COURT: I'm telling you it is. I'd like to know how you perform a self-employed business without being able to operate a motor vehicle.
Mr. Barrios: I have hired a man that can do all the driving for me. He's what I'd call my junior partner. I pay him wages to do the job. He's been doing all the driving for me ...