{ "id": 2628435, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CARLOS E. NEWBERN, Defendant-Appellant", "name_abbreviation": "People v. Newbern", "decision_date": "1989-06-01", "docket_number": "No. 4\u201488\u20140752", "first_page": "995", "last_page": "998", "citations": [ { "type": "official", "cite": "183 Ill. App. 3d 995" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "513 N.E.2d 528", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "pin_cites": [ { "page": "533" } ], "opinion_index": 0 }, { "cite": "160 Ill. App. 3d 536", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3649993 ], "weight": 2, "pin_cites": [ { "page": "543" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/160/0536-01" ] }, { "cite": "497 N.E.2d 147", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 3, "pin_cites": [ { "page": "149" }, { "page": "149" } ], "opinion_index": 0 }, { "cite": "146 Ill. App. 3d 693", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3572830 ], "weight": 3, "pin_cites": [ { "page": "696" }, { "page": "696" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/146/0693-01" ] }, { "cite": "452 N.E.2d 105", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "116 Ill. App. 3d 532", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3518986 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/116/0532-01" ] }, { "cite": "441 N.E.2d 935", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "109 Ill. App. 3d 1076", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5449341 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/109/1076-01" ] }, { "cite": "154 N.E.2d 67", "category": "reporters:state_regional", "reporter": "N.E.2d", "pin_cites": [ { "page": "69" } ], "opinion_index": 0 }, { "cite": "15 Ill. 2d 130", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2765426 ], "pin_cites": [ { "page": "135" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/15/0130-01" ] } ], "analysis": { "cardinality": 359, "char_count": 5685, "ocr_confidence": 0.797, "pagerank": { "raw": 7.060924966039629e-08, "percentile": 0.4255541539294376 }, "sha256": "2173083b02e0932ff64e05417fb97079f3d49355fbe3a277b752a0abd236056c", "simhash": "1:34d894dfd6ecab81", "word_count": 948 }, "last_updated": "2023-07-14T17:15:47.196010+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CARLOS E. NEWBERN, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE LUND\ndelivered the opinion of the court:\nOn July 25, 1988, defendant Carlos Newbern was tried in absentia and found guilty by a jury sitting in the circuit court of Macon County of the offenses of retail theft, battery, and criminal damage to property, in violation of sections 16A \u2014 3, 12 \u2014 3, and 21 \u2014 1, respectively, of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, pars. 16A \u2014 3, 12 \u2014 3, 21 \u2014 1). On September 6, he was sentenced in absentia to three concurrent 30-day jail sentences. He now appeals. We reverse, finding he was not proved guilty beyond a reasonable doubt.\nAt trial, the State\u2019s first witness was Raymond Bowers, who was working as a security guard at a local Kroger store on March 30, 1988. At approximately 4:30 p.m. on that date, he observed a black male pocket some cigarettes and attempt to leave the store without paying for them. He stopped the man at the door and, once Bowers identified himself, a fight commenced. During this fight, Bowers\u2019 identification badge case was torn, which is the basis of the criminal damage charge. During the struggle, Bowers ripped the man\u2019s coat off, and the man fled. Found in the coat pocket was an Illinois driver\u2019s license. Bowers identified the man in the photograph on the license as being the man with whom he wrestled.\nAlso testifying was Michael Smith, the store manager, and Michael Guymon, a retail clerk. Their testimony corroborated that of Bowers, and they both identified the picture on the license as being the man involved. Finally, Officer Marty Lowhom of the Decatur police testified he responded to the store on March 30. At that time, he was given the evidence, including the driver\u2019s license. He testified, over objection, that the name on the license was Carlos Newbern. The State and defendant rested.\nIt is fundamental that, to sustain a conviction, a person charged with a crime must be proved beyond a reasonable doubt to be the perpetrator of that crime. (See People v. Horodecki (1958), 15 Ill. 2d 130, 135, 154 N.E.2d 67, 69.) The difficulties with such an identification are exacerbated in a trial in absentia where the witnesses cannot point to a defendant in court as the offender. In such cases, the State is obliged to prove the identity by circumstantial evidence.\nIn four prior cases, this court has dealt with the quantum of proof necessary to show that the person being tried in absentia is the same person as that described by witnesses as having committed the offense. In People v. Collins (1982), 109 Ill. App. 3d 1076, 441 N.E.2d 935, two witnesses observed the arrest of a person they described as having committed the offense. One witness testified to having seen that person in custody shortly after the arrest. That person was also identified as the one who had committed a previous theft and who bore the same name as the accused. The identification evidence was held sufficient. In People v. Stanley (1983), 116 Ill. App. 3d 532, 452 N.E.2d 105, there was again the similarity of names. There was, also, testimony of the victims identifying the perpetrator from a photograph and the testimony of a police officer that the person in the photograph admitted to the offense during an interview. This identification was held sufficient.\nMore recently, in People v. Broyld (1986), 146 Ill. App. 3d 693, 497 N.E.2d 147, there was again the similarity of names. However, this court noted that this only creates a rebuttable presumption as to the identity of the person and will not support a conviction unless there is corroboration present. (Broyld, 146 Ill. App. 3d at 696, 497 N.E.2d at 149.) The court found this corroboration in the testimony of the arresting officer that he arrested a person named Linda Broyld at the scene of the offense.\nFinally, in People v. Johnston (1987), 160 Ill. App. 3d 536, 513 N.E.2d 528, there was again the similarity of names. This court reaffirmed that identical names, without corroboration, will not support a conviction. That corroboration was found in the evidence which established that the arresting officer arrested someone identified by his photo driver\u2019s license as Johnston. At trial, the officer described the offender and identified a photograph of him.\nIn the case now before us, the evidence establishes beyond a reasonable doubt that the person pictured in the driver\u2019s license committed the charged offenses. However, the evidence fails to establish beyond that same reasonable doubt that the charged defendant is the same person pictured in the driver\u2019s license. The only evidence presented was that the name on the driver\u2019s license was the same as that of defendant, but this similarity of names, without corroboration, is insufficient to sustain a conviction. (Johnston, 160 Ill. App. 3d at 543, 513 N.E.2d at 533; Broyld, 146 Ill. App. 3d at 696, 497 N.E.2d at 149.) In this case, there is none. It would have been a simple matter to have the arresting officer identify the picture in the license as the person that was arrested and charged. This was not done and, therefore, defendant\u2019s identity as the criminal perpetrator has not been established sufficiently to sustain the conviction.\nReversed.\nSPITZ and GREEN, JJ., concur.", "type": "majority", "author": "JUSTICE LUND" } ], "attorneys": [ "Daniel D. Yuhas and Richard D. Frazier, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.", "Lawrence R. Fichter, State\u2019s Attorney, of Decatur (Kenneth R. Boyle, Robert J. Biderman, and Gwendolyn W. Klingler, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CARLOS E. NEWBERN, Defendant-Appellant.\nFourth District\nNo. 4\u201488\u20140752\nOpinion filed June 1, 1989.\nDaniel D. Yuhas and Richard D. Frazier, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.\nLawrence R. Fichter, State\u2019s Attorney, of Decatur (Kenneth R. Boyle, Robert J. Biderman, and Gwendolyn W. Klingler, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." }, "file_name": "0995-01", "first_page_order": 1017, "last_page_order": 1020 }