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People v. Rievia

September 15, 1999

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
JOUSE RIEVIA (RIVERA), A/K/A DAVID VELAZQUEZ, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County No. 91 CR 20904 Honorable Thomas A. Hett, Judge Presiding.

The opinion of the court was delivered by: Presiding Justice Cahill

Defendant appeals his conviction for aggravated possession of a stolen motor vehicle and 10-year sentence. He raises three issues on appeal: whether the stolen vehicle conviction violates (1) the Speedy Trial Act (725 ILCS 5/100-1 et seq. (West 1996)); (2) his constitutional right to a speedy trial; and (3) the prohibition against reinstating a case after the statute of limitations on the stolen vehicle charge expired. We affirm.

Defendant was arrested on August 20, 1991, for possession of a stolen motor vehicle. Defendant gave his name as "Jouse Rievia" and was released on bail. (The notice of appeal lists the last name "Rivera" in parentheses. But "Rivera" is never used as defendant's last name elswhere in the record. To be consistent, we will only refer to the "Rievia" surname.) Defendant did not appear at his September 18, 1991, court date. The court revoked his bail and issued a warrant for his arrest under the name "Jouse Rievia." The case was then stricken with leave to reinstate.

Defendant was arrested again on January 24, 1992, this time under the name of "David Velazquez." (We note that "Velazquez" also appears as "Velasquez" in the record.) He was charged with two armed robberies, unrelated to the 1991 stolen vehicle charge. Defendant was convicted of one armed robbery and pled guilty to the second one. His presentence investigation report listed several aliases used by him. The report also listed an outstanding warrant for the 1991 stolen vehicle charge under the name "Jouse Rievia." Defendant denied that he had been charged with that offense. At his sentencing hearing for the armed robberies, the following colloquy took place:

"THE COURT: Okay. Both sides ready to proceed?

MR WEINBERG: Yes, your honor. There is only one matter that I would address to the Court.

THE COURT: Yes.

MR. WEINBERG: Which is a correction or an explanation on the PSI. It indicates that there is a pending warrant SOL on a possession of stolen motor vehicle from Skokie. The defendant would indicate at this time, Judge, that he has never been in Skokie, that he has never been arrested in or charged in a PSMV. There is some question as to two IRs belonging to a David Velasquez. And that charge, although it is certainly not a conviction and I'm aware that the Court would not consider it, the defendant indicates that that charge listed in the PSI through the rap sheet is not him, and he has never been charged with the offense, and to his knowledge, there is no warrant pending or any action pending involving a stolen motor vehicle, just to clarify it. I believe if the State has some question, they can certainly verify it.

MS. HUGHES: Judge there are two IR numbers from which these cases have been taken from [sic]. I believe that as to Mr. Velasquez's other pending cases in this courtroom, there will be a date, and we will have that cleared up between now and then."

On August 10, defendant, under the name Velazquez, again appeared before the same Judge with the same defense attorney. The assistant State's Attorney was different. Defendant pled guilty to charges pending on that date after an off-the-record conference. The following colloquy then occurred:

THE COURT: "On a prior date we had ordered a pre-sentence investigation which was returned to the Court. Both sides agree that [they] will stand as to the pre-sentence in this matter?

MS. DEMACOPOULOS: Yes.

MR. WEINBERG: ...


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