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.

05/11/89 the People of the State of v. Michael D. Gudgel

May 11, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

MICHAEL D. GUDGEL, DEFENDANT-APPELLANT

THE SOLE ISSUE RAISED BY DEFENDANT ON APPEAL IS WHETHER HE RECEIVED NOTICE FROM AN OWNER OR OCCUPANT TO LEAVE THE PREMISES. SECTION 21-3(A) OF THE CODE (ILL. RE

v.

STAT. 1987, CH. 38, PAR. 21-3(A)) STATES, IN PERTINENT PART:



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

540 N.E.2d 391, 183 Ill. App. 3d 881, 132 Ill. Dec. 651 1989.IL.706

Appeal from the Circuit Court of Champaign County; the Hon. John R. DeLaMar, Judge, presiding.

APPELLATE Judges:

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

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND

Following a jury trial, defendant was convicted of criminal trespass to land, in violation of section 21-3(a) of the Criminal Code of 1961 (Code) (Ill. Rev. Stat. 1987, ch. 38, par. 21-3(a)). The circuit court of Champaign County ordered defendant to serve 30 days in the Champaign County Correctional Center. Defendant appeals his conviction. We affirm. The pertinent facts follow.

Defendant was initially charged with aggravated battery and battery, in addition to criminal trespass to land. The charges were based on an incident which occurred at Elmer's Bar in Urbana. Defendant had gone to Elmer's Bar on the evening of February 29, 1988, and was seated at a table with some friends. Defendant and one of the men seated with him, Bill Aiken, decided to leave and go to another bar. As they walked toward the door, Aiken bumped into Harvey Treat. Treat turned and punched Aiken. A shouting match ensued between Aiken and defendant on one side, and Treat and Frank Sowers on the other.

The bartender, David Lariviere, testified that he gave the four men a general notice that they should leave the bar by saying: "I think it's about time everybody went home." The four men did not leave, and their shouting match appeared to get more heated. The police were called and, upon their arrival, Lariviere asked them to make sure the four men left and did not return. Aiken and Treat left almost immediately, but Sowers and defendant were reluctant to leave. Although defendant and Sowers had initially been on opposite sides, they were apparently friends of many years. Both men had been drinking, and they appeared to focus their remaining feelings at the police officers.

Officer Lynn Callaghan testified that she responded to the call from Elmer's Bar. When she arrived, she spoke with Lariviere. Lariviere told her to make sure defendant and Sowers left and did not return. Callaghan testified that she told the two men several times that the bartender had asked them to leave and that the two men should leave. After several minutes of Discussion, the two men moved outside.

Defendant and Sowers moved no further than the parking lot. Callaghan testified that the officers, at least three by now, told the two men that they would have to leave the premises entirely, and that included the parking lot. Again, the reason was stated that the men had been asked to leave by the owners of the bar. Officer Allen Johnston testified at the trial and corroborated Callaghan's testimony. Johnston added that he warned defendant several times that if defendant remained, he would be arrested for trespassing.

During this Discussion outside in the parking lot, defendant and Sowers made an offer to leave by driving away in defendant's car. The officer told the men they would have to find other means because they were too intoxicated to drive. At one point, defendant asked the officers to call a cab for them. The officers, in turn, asked the men to produce cab fare first. The men produced but $2, and the Discussions continued.

Both officers testified that defendant and Sowers spoke privately for a few moments. Defendant then faced the officers and announced that he was going back to the bar to have a beer. Johnston intercepted defendant, and the two men ended up grappling with one another. The aggravated battery and battery charges stemmed from these latter moments. Defendant testified at his trial and denied that he was ever told by Lariviere or the police officers to leave the bar and remain away from the premises.

"Whoever . . . remains upon the land or in a building, other than a residence, of another after receiving notice from the owner or occupant to ...


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.