APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
526 N.E.2d 508, 171 Ill. App. 3d 1090, 122 Ill. Dec. 249 1988.IL.1049
Appeal from the Circuit Court of Du Page County; the Hon. Thomas E. Callum, Judge, presiding.
JUSTICE INGLIS delivered the opinion of the court. LINDBERG, P.J., and DUNN, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS
Defendant appeals from convictions of keeping a gambling place (Ill. Rev. Stat. 1985, ch. 38, par. 28-3) and three counts of gambling (Ill. Rev. Stat. 1985, ch. 38, pars. 28-1(a)(5), (a)(6)). Defendant was sentenced to concurrent terms of one-year probation on each of the convictions, fined $1,000 on his conviction of keeping a gambling place, and $500 on each of his convictions of gambling. On appeal, defendant challenges the sufficiency of the evidence and further contends that the trial court erred by (1) allowing hearsay evidence under the coconspirator's exception of the hearsay rule; (2) failing to hold a hearing to determine whether a defense-subpoenaed witness was entitled to protection under the fifth amendment; and (3) giving defendant an excessive sentence. We affirm.
Defendant, Angelo Katsigiannis, was arrested following a six-month undercover surveillance at the Villa Tap, a Villa Park, Illinois, bar he owned and operated. Officers from the Illinois State Police received information that organized gambling was taking place at the Villa Tap and that a party by the name of "Angelo" was involved. The case against defendant was established primarily through the testimony of Illinois State Police officer Robert Kahn, who acted as a patron of defendant's establishment during the course of the surveillance. Kahn's testimony is summarized as follows.
On June 6, 1985, Kahn was present at the Villa Tap and overheard a conversation between defendant and another patron, Alan Fey, in which they spoke of sports teams, player statistics, and Fey's intention to place wagers on several baseball contests. Fey left momentarily, and Kahn observed defendant subsequently answer a telephone behind the bar. Defendant made notations on a pad of paper while talking on the telephone and was overheard mentioning baseball teams and using the expression "minus nine." After defendant hung up the phone, Kahn observed Fey return from an area of the bar in which a public telephone was located. Defendant and Fey then discussed wagers they both intended to make on several baseball teams. Kahn heard Fey say "I have to get these in," and observed defendant take $ .25 out of the cash register and give it to Fey. Fey then made a telephone call on the public telephone and subsequently returned to tell defendant "[they're] in." Before leaving the Villa Tap on that date, Kahn obtained two sheets of paper from the top of the pad used by defendant to make notes during his phone call. Kahn turned the two sheets of paper over to the State Police laboratory to raise any impressions existing on those sheets. Testing revealed the name "Rick" along with numerous numbers and symbols including "-9." Kahn testified that based upon his past experience he was familiar with the definition of the term "-9" in gambling parlance. Kahn described the "plus" and "minus" system as being grounded on a formula for bookmakers' odds and a base figure of $100. Kahn testified that although he did not understand the formula itself, "-9" represented a wager of $109 to win $100.
On June 11, 1985, Kahn was present at the Villa Tap and had a conversation with Fey. Fey read Kahn baseball and horse racing betting information from several newspapers and asked Kahn if he "wanted anything to go in." Kahn responded that he did, handed Fey a slip of paper with the names of two horses, and told him that he wanted to wager $50 on them. Fey then made a telephone call and subsequently returned to tell Kahn that they "were in." When asked how he should pay his bet, Fey told Kahn that if Fey was not at the Villa Tap on the following day Kahn should "leave the money at the bar with Angelo." Defendant was not present at that time.
On June 12, 1985, defendant, Fey, and Kahn were all present at the Villa Tap when Fey advised Kahn that the horses had lost. Kahn then counted out $50 in the presence of defendant and handed it to Fey. Fey subsequently announced that he was going to call in additional wagers and asked Kahn if he wanted to place a wager. Kahn responded that he did and gave Fey the name of a horse. Kahn subsequently observed Fey make a phone call. The record is not clear whether defendant was present when Fey and Kahn discussed this wager.
On June 13, 1985, Kahn again met Fey at the Villa Tap and paid him $25. Kahn subsequently observed a conversation between defendant and Fey. Fey asked defendant whether he had something for him, to which defendant responded that he did and handed Fey a $10 bill wrapped in a piece of paper. As defendant handed Fey the money and the paper Kahn heard him say "Montreal 10, Cubs 10." Fey took the money and placed the paper on the bar. Kahn later obtained the paper, which contained the notation "Larry C. Cubs $10 L. Painter Montreal $10." Later on that same date, defendant asked Kahn if he wanted to participate in a football pool. Kahn placed his initials in two of the squares on a football pool card and paid defendant $2 after defendant asked him for the money.
On June 21, 1985, Kahn was present at the Villa Tap and overheard a conversation between defendant and Fey during which defendant told Fey that he wanted to make a wager on the Chicago Cubs baseball team. Defendant took a piece of paper and wrote out "Cubs, Angelo, one-half, -15," and gave it to Fey, who subsequently took the paper and walked toward the area of the public telephone. Kahn testified that "-15" would normally represent a wager of $115 to win $100. Kahn further testified that "one-half" in bookmakers' parlance means $50.
On June 28, 1985, Kahn was again at the Villa Tap. Defendant told Kahn that he had seen him speaking to another patron, Edward DeLaire, also a suspect in the gambling investigation, and asked Kahn if he was "doing business" with DeLaire. Kahn responded that he was "doing some horses." Kahn met DeLaire at the Villa Tap on July 5, 1985, and at that time settled several wagers he made during the previous week. Also on that date, Kahn spoke to defendant, who told Kahn that he had lost all of his wagers from the previous week. Defendant also showed Kahn a stack of papers which he identified as a pool he was conducting on the premises. On August 9, 1985, Kahn again met DeLaire at the Villa Tap at which time DeLaire paid Kahn $228. Defendant was present on that date; however, the record is not clear whether the payment was made in defendant's presence.
On August 23, 1985, Kahn again went to the Villa Tap. Defendant was present on that date and handed Kahn a football pool card. Kahn placed his initials in several of the squares and returned the card to defendant with payment of $2. At Kahn's request, defendant also provided him with a ...