{
  "id": 2472540,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Leonard Higgins, Defendant-Appellant",
  "name_abbreviation": "People v. Higgins",
  "decision_date": "1971-04-09",
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    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Leonard Higgins, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "PER CURIAM:\nDefendant, Leonard Higgins, was found guilty in a jury trial in the Circuit Court of St. Clair County of the crime of burglary in violation of Ill. Rev. Stat. 1969, ch. 38, sec. 19 \u2014 1, and sentenced to a term of three to ten years in the Illinois State Penitentiary. He appeals.\nAnn Jordan of East St. Louis, Illinois, testified that during the day of November 4, 1969, her home was broken into and numerous articles including a color television set, stereo, electric clock, phonograph records, shoes and a coat were stolen. A juvenile, Thomas Mosely, and one Grover, both testified that they committed the burglary and that the defendant participated in it with them. Two days after the burglary complainant was called by the police tO' identify her stereo at the home of Grover. Defendant was there in the custody of the police. Ann Jordan testified that at that time defendant told her that he had bought a coat and shoes and that he would go to his house to get them and return them to her. The police and complainant went to the home of defendant where he produced the coat and shoes belonging to complainant. He had none of the other articles which had been stolen. Defendant testified in his own behalf that he had not participated in the burglary but that he had purchased these articles from Grover.\nDefendant contends that the statements made by him to complainant and the arresting officers concerning the shoes and clothing were inadmissible at trial because the record does not disclose that defendant was warned of his rights as required by Miranda v. Arizona, 384 U.S. 436. No objection was made to the testimony of complainant, nor was a motion to suppress made by defendant\u2019s counsel, and therefore this failure to object constitutes a waiver (People v. Routt, 100 Ill.App.2d 388), and we do not recognize this allegation of error under the plain-error doctrine (Supreme Court Rule 615), since, in view of defendant\u2019s testimony, this testimony by complainant was not prejudicial.\nDefendant next contends that the sentence of three to ten years under the circumstances of this case is excessive and that defendant should have received probation, or in the alternative that the minimum sentence should be reduced, relying on People v. Freeman, 113 Ill.App.2d 7; People v. Jones, 92 Ill.App.2d 124; People v. Lillie, 79 Ill.App.2d 174.\nThe State argues that \u201cat sentencing, the court observed that the defendant had not been honest and had lied on the witness stand. The statement of the trial judge left no doubt that the court believed that the defendant perjured himself in order to extricate himself from the crime.\u201d This type of statement by the trial court was held to be improper in the recent case of People v. White, 130 Ill.App.2d 775, 267 N.E.2d 129.\nNo probationary report was introduced nor was probation requested and the defendant waived his hearing in aggravation and mitigation. The record does show that the defendant is 22 years of age, married and employed. He had dropped out of high school but returned to night school and obtained the GSD diploma, equivalent to a high school diploma. This was defendant\u2019s first offense and this crime did not involve an act. of violence. As we stated in People v. Lillie, supra, at 177 \u2014 78:\n\u201cThis court is cognizant of the Supreme Court\u2019s admonition in People v. Taylor, 33 Ill.2d 417, 211 N.E.2d 673, that the power granted reviewing courts to reduce sentences is to be applied with considerable caution and circumspection. We are, however, also aware of the constitutional provision that all penalties shaU be-proportioned to the nature of the offense (Article II, Section 11,. Constitution of Illinois), and what purposes, hopefully, are to be-achieved by the imposition of punishment for a criminal offense,. People v. Brown, 60 Ill.App.2d 447, 208 N.E.2d 629; People v\u201e Evrard, 55 Ill.App.2d 270, 204 N.E.2d 777.\n\u2018It is generally true that rehabilitation is best achieved under a system which gives great discretion to the parole authorities.\u2019 People v. Brown, supra.\nIt is also true that the courts, by exercise of the power to fix minimum and maximum punishments within the limits provided by the Criminal Code, share with the parole authorities the responsibility for appropriate and effective implementation of the penal statutes.\n# # #\nThe purposes sought to be achieved by the imposition of sentence are adequate punishment for the offense committed, the safeguarding of society from further offenses, and the rehabilitation of the offender into a useful member of society. People v. Brown, supra, People v. Evrard, supra. Adequacy of the punishment should determine the minimum sentence with tire maximum dependent upon the court\u2019s divination as to the length of time required to achieve rehabilitation.\u201d\nIn view of these purposes we regard this case as one appropriate for imposition of a minimum sentence, noting particularly that defendant had no prior record, that he was gainfully employed, that he had shown a propensity to secure an education and that no violence was involved in this crime, and based on this record, we conclude that a minimum sentence of one year will better serve these purposes, but we do not modify the maximum sentence imposed.\nAccordingly, the judgment and sentence of the Circuit Court of St. Clair County are modified to provide that the sentence imposed on the defendant be confinement in the penitentiary for a term of not less than one year nor more than ten years and as so modified, the judgment is affirmed.\nJudgment modified, and as modified affirmed.",
        "type": "majority",
        "author": "PER CURIAM:"
      }
    ],
    "attorneys": [
      "Morton Zwick, of Defender Project, of Chicago, (Frederick F. Cohn, of counsel,) for appellant.",
      "Robert H. Rice, State\u2019s Attorney, of Relleville, for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Leonard Higgins, Defendant-Appellant.\n(No. 70-83;\nFifth District\nApril 9, 1971.\nMorton Zwick, of Defender Project, of Chicago, (Frederick F. Cohn, of counsel,) for appellant.\nRobert H. Rice, State\u2019s Attorney, of Relleville, for the People."
  },
  "file_name": "0496-01",
  "first_page_order": 518,
  "last_page_order": 520
}