{
  "id": 5434078,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT EARL DREW, Defendant-Appellant",
  "name_abbreviation": "People v. Drew",
  "decision_date": "1983-01-26",
  "docket_number": "No. 82-237",
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  "provenance": {
    "date_added": "2019-08-29",
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT EARL DREW, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE BARRY\ndelivered the opinion of the court:\nOn September 14, 1981, defendant, Robert Earl Drew, pleaded guilty to burglary of a commercial building and was sentenced by Judge Conway Spanton of the Rock Island County Circuit Court to a two-year term of probation. On November 4, 1981, the Rock Island State\u2019s Attorney filed a petition to revoke defendant\u2019s probation on grounds that defendant had violated the conditions of his probation by burglarizing a residential building. The matter was heard by Judge Jay M. Hanson on January 13,1982.\nAt the probation revocation hearing, it was established that the residence was burglarized on October 15, 1981. A jacket and hat taken from the residence were found in defendant\u2019s possession. The defendant\u2019s cap was found in the residence, and his jacket was found with several of the stolen items in the vicinity of an apartment building construction near the burglarized residence. Joey Watson, an accomplice who had pleaded guilty to the October 15 burglary, testified that the defendant had committed the October 15 burglary with his (Watson\u2019s) assistance. Further testimony tended to corroborate the defendant\u2019s participation in the October 15 burglary.\nThe defendant\u2019s probation officer, Steven Johnson, testified that Robert Earl Drew was a client of his since September 14, 1981. Johnson also testified that his client was seated at his left in the courtroom. Watson testified, that he knew defendant was on probation on October 15,1981, when they burglarized the residential building.\nAt the close of all evidence and arguments of counsel, the trial court found that defendant had violated his probation by committing a burglary on October 15, 1981. Defendant was subsequently sentenced to a four-year term of imprisonment.\nOn appeal, defendant raises two issues: (1) whether the State failed to prove that the defendant was the individual placed on probation on September 14, 1981; and (2) whether in sentencing the defendant to a four-year term of imprisonment the trial court improperly commingled the circumstances of the underlying offense with the events leading to probation revocation. We affirm.\nThe crux of defendant\u2019s initial argument is that none of the State\u2019s witnesses at the probation revocation proceedings were present at the guilty plea and sentencing proceedings which took place on September 14, 1981. Therefore, he argues, it was not established that in fact he was the same Robert Earl Drew who was placed on probation. In addition, defendant argues, the probation officer who identified his client, Robert Earl Drew, as the person seated to his left, failed to establish for the record that the person thus identified was the defendant in the instant probation revocation proceedings.\nWhile we are not unimpressed with the ingenuity of defendant\u2019s arguments, neither are we convinced that defendant is thereby entitled to a reversal. We believe that the State\u2019s evidence was sufficient under the appropriate preponderance of the evidence standard (Ill. Rev. Stat. 1979, ch. 38, par. 1005 \u2014 6\u20144(c)) to establish both that the defendant was on probation at the time of the October 15 burglary and that he was the Robert Drew who had been sentenced to probation on September 14, 1981. (See People v. Speight (1979), 72 Ill. App. 3d 203, 389 N.E.2d 1342.) Although the record does disclose that the defendant was the person seated to Officer Johnson\u2019s left in the courtroom, it does not affirmatively disclose that the person so seated was named \u201cRobert Earl Drew,\u201d a name not exactly unfamiliar to the defendant. Watson identified the defendant as Robert Drew, as the person who had assisted him in the October 15 burglary, and as a person whom Watson knew to be on probation. The common law record contains a copy of Robert Earl Drew\u2019s arrest card for a July 24, 1981, burglary which describes him as a black male, age 18, with black hair, brown eyes, 6\u20192\u201d tall and weighing 145 lbs. The disposition report for that offense shows that Robert Earl Drew was convicted and sentenced to two years\u2019 probation on September 14, 1981. The defendant, Robert Earl Drew, appeared in person at the probation revocation hearing and was observed by Judge Hanson. Given the totality of evidence of record, we feel confident that the trial court did not err in its finding that the defendant appearing before him on January 13, 1982, was in fact the same Robert Earl Drew who had been sentenced to probation on September 14, 1981. We therefore decline defendant\u2019s invitation to reverse on grounds of faulty identification.\nDefendant\u2019s second contention on appeal is that he is entitled to a new sentencing hearing because Judge Hanson referred to the residential burglary in imposing a sentence of imprisonment.\nWe have reviewed the record and are not persuaded that Judge Hanson imposed the four-year prison term solely on the facts surrounding the October 15 burglary without consideration of the facts and circumstances of the underlying conviction for burglary of a commercial building. In People v. Ellis (1977), 48 Ill. App. 3d 221, 363 N.E.2d 33, as in the present case, defendant was sentenced to probation by one judge and found to have been in violation of probation by another. The latter judge had no evidence of the original offense when he imposed a prison sentence of three to nine years. On review, the court vacated the sentence and remanded for a pew sentencing hearing, finding that it would not have been possible for the sentencing judge to weigh the seriousness of an offense for which no evidence had been presented to him. 48 Ill. App. 3d 221, 225, 363 N.E.2d 33, 36.\nIn contrast to Ellis, the record in the present case contains ample evidence of the facts and circumstances surrounding the July 24 burglary of a commercial building in the pre-sentence investigation report. Judge Hanson acknowledged the fact that the underlying offense was burglary of a commercial building. His mention of the defendant\u2019s post-conviction conduct, including the evidence of a residential burglary on October 15, does not render invalid the judge\u2019s determination that a four-year prison term was an appropriate sentence for burglary of a commercial building. See People v. Banks (1978), 59 Ill. App. 3d 774, 375 N.E.2d 1360.\nHaving found no error, we affirm the trial court\u2019s judgment and sentence.\nAffirmed.\nALLOY and HEIPLE, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE BARRY"
      }
    ],
    "attorneys": [
      "Florence L. Bennett, of Peoria, and Robert Agostinelli and Thomas A. Lilien, both of State Appellate Defender\u2019s Office, of Ottawa, for appellant.",
      "James T. Teros, State\u2019s Attorney, of Rock Island (John X. Breslin and Terry Mertel, both of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT EARL DREW, Defendant-Appellant.\nThird District\nNo. 82\u2014237\nOpinion filed January 26, 1983.\nFlorence L. Bennett, of Peoria, and Robert Agostinelli and Thomas A. Lilien, both of State Appellate Defender\u2019s Office, of Ottawa, for appellant.\nJames T. Teros, State\u2019s Attorney, of Rock Island (John X. Breslin and Terry Mertel, both of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People."
  },
  "file_name": "0130-01",
  "first_page_order": 152,
  "last_page_order": 155
}