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11/05/87 the People of the State of v. Gary L. Jones

November 5, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

GARY L. JONES, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

515 N.E.2d 471, 162 Ill. App. 3d 487, 113 Ill. Dec. 662 1987.IL.1647

Appeal from the Circuit Court of Sangamon County; the Hon. C. Joseph Cavanagh, Judge, presiding.

APPELLATE Judges:

JUSTICE GREEN delivered the opinion of the court. McCULLOUGH and LUND, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE GREEN

On August 19, 1986, the circuit court of Sangamon County entered judgment on jury verdicts finding defendant guilty of four counts of murder and one count of armed robbery. On January 20, 1987, the court sentenced defendant to a single term of life imprisonment. Defendant has appealed, contending that the court erred: (1) in permitting the State to amend the armed robbery count prior to trial; (2) in allowing the State, over defense objection, to present evidence of defendant's conduct at the time of arrest as being flight or concealment indicating consciousness of guilt on defendant's part; and (3) in denying defendant's motion to excuse a juror for cause. We affirm.

The count of the indictment alleging armed robbery states that the defendant had committed that offense by taking currency and cocaine from the presence of another while armed with a dangerous weapon. It made no statement that the taking was committed by the use of force or threat of imminent force, which is a necessary element of the robbery aspect of the offense of armed robbery (Ill. Rev. Stat. 1985, ch. 38, pars. 18-1, 18-2). Upon motion by the State and without objection by the defendant, the court permitted the State to amend the count by adding that defendant had acted "by the use of force."

The type of defects in a criminal charge which may be corrected by amendment are set forth in section 111 -- 5 of the Code of Criminal Procedure of 1963, which states:

"Formal Defects in a Charge. An indictment, information or complaint which charges the commission of an offense in accordance with Section 111 -- 3 of this Code shall not be dismissed and may be amended on motion by the State's Attorney or defendant at any time because of formal defects, including:

(a) Any miswriting, misspelling or grammatical error;

(b) Any misjoinder of the parties defendant;

(c) Any misjoinder of the offense charged;

(d) The presence of any unnecessary allegation;

(e) The failure to negative any exception, any excuse or proviso contained in the statute ...


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