APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
534 N.E.2d 179, 179 Ill. App. 3d 510, 128 Ill. Dec. 159 1989.IL.109
Appeal from the Circuit Court of Du Page County; the Hon. Robert Nolan, Judge, presiding.
JUSTICE REINHARD delivered the opinion of the court. McLAREN and WOODWARD, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE REINHARD
Defendant, Jamie Lee Turner, following a jury trial in the circuit court of Du Page County, was found guilty of forgery (Ill. Rev. Stat. 1985, ch. 38, par. 17-3(a)(1)) and illegal use of a credit card (Ill. Rev. Stat. 1985, ch. 17, par. 5921) and was sentenced to concurrent terms of imprisonment of 364 days on the illegal use of credit card conviction and three years on the forgery conviction, with credit for 69 days served on the forgery conviction. The forgery conviction also was to be served concurrently with three other separate felony convictions.
Defendant appeals the forgery conviction only and raises the following issues: (1) whether the State proved venue in Du Page County beyond a reasonable doubt and, alternatively, whether the jury should have been instructed that the State must prove venue; (2) whether the State proved beyond a reasonable doubt that the check was apparently capable of defrauding another; (3) whether the trial court erred in failing to instruct the jury that the State must prove the check was a document apparently capable of defrauding another, an essential element of the offense of forgery; (4) whether the trial court erred by permitting the admission of hearsay evidence, by prohibiting a defense witness from testifying for failure to disclose the witness in discovery, by prohibiting defendant from testifying to a relevant conversation, and by overruling objections to the prosecutor's improper final arguments; and (5) whether a new sentencing hearing on the forgery conviction should be granted where the prosecutor breached a plea agreement regarding credit for time served made in conjunction with Dispositions in other charges against defendant.
The following relevant facts were adduced at trial. On November 26, 1986, at approximately 8 p.m., Terry Foote, a limousine driver, picked up defendant in a limousine at the corner of Bloomingdale and Army Trail Roads. Foote believed the person he picked up was a Mr. Oldham. Shortly after picking up defendant, Foote asked him how he was going to pay for the limousine service to which defendant answered that he was going to pay with a check. Foote then requested a driver's license as identification, but defendant said he did not have one. Foote then asked for a credit card for purposes of identification, and defendant gave him a credit card. The evidence establishes that the credit card belonged to William Oldham. Foote made an impression of the card, retained the receipt, and returned the card to defendant.
According to Foote, he drove to Aurora, where defendant went into a house, entered several different bars, brought people out and went for rides in the limousine, then he and defendant drove back to Route 59. At around 11 p.m., he drove defendant to a mall with a restaurant which is located along Route 59. Foote testified, over hearsay and foundational objections, that while defendant was in a rest room he radioed his dispatcher to check the validity of the credit card which defendant had given him. After defendant had reentered the limousine and Foote was again driving northbound on Route 59, the dispatcher responded that Foote should confiscate the card because it was bad. Defendant asked what credit card they were talking about to which Foote responded that it was a previous customer's card.
Foote continued to drive north on Route 59, but stopped again, and defendant entered another bar. At that point, Foote requested that the dispatcher have the police respond because he did not think he was going to be paid. Before the police could respond, defendant reentered the limousine and requested Foote to continue north on Route 59. According to Foote, they continued to go from one establishment to another and were never in one place long enough for the police to arrive.
As Foote drove north on Route 59 near Joliet Road, he observed a squad car involved in a traffic stop, pulled the limousine in behind the squad car, exited the limousine, and asked the police officer for help. Another officer arrived shortly thereafter.
Defendant told the officers that he was William Oldham, but one of them recognized defendant and told him that he knew he was Jamie Turner and not William Oldham. Defendant told the officers that William Oldham was a friend of his and that he had given him permission to use his credit card. The police dispatcher then attempted to telephone Oldham to verify defendant's story but was unable to contact him.
One of the officers then asked defendant for the credit card, but defendant responded that he had given it to the limousine driver. Defendant consented to a search of his pockets which produced several credit card receipts with William Oldham's name imprinted on them. The officers also found a credit card invoice in the front of defendant's pants. A search of the area around the limousine failed to produce the missing credit card.
At around 7 a.m. that morning, the officers returned to the scene to search for the credit card. They discovered a credit card in the grass with William Oldham's name on it as well as three checks in the area where the credit card was found with William Oldham's name printed on them.
One of the checks found at the scene was made out for $265, dated November 27, 1986, signed as William R. Oldham, but had no payee's name on it. The State and defendant stipulated to the expert opinion of a handwriting analyst that the handwriting on that check, which defendant is charged with forging, is that of defendant.
William Oldham testified that he knew defendant for several weeks prior to defendant's arrest. Defendant had been in Oldham's home three or four times. According to Oldham, his Master Card and approximately five checks were stolen from his home. He never gave defendant permission to use the credit card or to sign his name on the check found at the scene. Nor did he sign the check.
Oldham stated that on November 12, 1986, he and defendant went to East Aurora and picked up a guy and two girls and they all returned to Oldham's home. He noticed his credit card missing several days later and reported it ...