{
  "id": 2913718,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Eugene Ward (Impleaded), Defendant-Appellant",
  "name_abbreviation": "People v. Ward",
  "decision_date": "1972-03-17",
  "docket_number": "No. 55596",
  "first_page": "631",
  "last_page": "633",
  "citations": [
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "254 N.E.2d 64",
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      "reporter": "N.E.2d",
      "opinion_index": 0
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    {
      "cite": "117 Ill.App.2d 189",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
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    {
      "cite": "270 N.E.2d 159",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
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  "last_updated": "2023-07-14T21:04:19.595106+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Eugene Ward (Impleaded), Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE DRUCKER\ndelivered the opinion of the court:\nDefendant appeals from a sentence of four to ten years after revocation of probation. On appeal he contends that the State failed to prove by a preponderance of the evidence that the defendant violated the terms of his probation and that the sentence imposed was excessive.\nOn July 23, 1969, Eugene Ward, the defendant, pleaded guilty to a charge of armed robbery and was placed on five years probation with the first year to be served in the County Jail.\nOn June 9, 1970, a warrant was issued for violation of probation. The warrant was based on defendant\u2019s arrest and conviction for criminal trespass to a vehicle. On August 18, 1970, a hearing was held on the rule to show cause why probation should not be terminated.\nMr. Pines, a probation officer, reviewed the history of the case and then told the court that on June 9, 1970, the defendant was convicted of the charge of criminal trespass to a vehicle and sentenced to 60 days in the County Jail and that defendant was also found guilty of four traffic offenses.\nCounsel for the defense then stated that there was no question about the finding of guilty on the charge of criminal trespass.\nOfficer Olejnicsak testified concerning the details of the arrest of the defendant for criminal trespass and the issuance of traffic tickets to defendant.\nThe defendant then testified that he was only a passenger in the stolen vehicle and did not know it was stolen until after he had been riding in it. He admitted he had been found guilty of criminal trespass and that he was sentenced to 60 days. Defendant\u2019s attorney then stated that he realized \u201cthat the conviction amounts to a violation of probation\u201d but urged the court to reinstate probation.\nThe court terminated probation and sentenced the defendant to four to ten years.\nOpinion\nDefendant\u2019s first contention is that the State failed to prove by a preponderance of . the evidence that the defendant committed the crime of criminal trespass.\nSince both the defendant and his counsel admitted that defendant had been convicted of the crime of criminal trespass, no formal proof thereof was necessary. See People v. Walker, (Ill.App.First Dist. No. 54729), 270 N.E.2d 159 (abst.).\nDefendant\u2019s final contention is that his sentence was excessive. In support of this contention he cites People v. Livingston, 117 Ill.App.2d 189, 254 N.E.2d 64, and other cases in which sentences were reduced. Each case, however, must be decided on its own facts, and the cited cases do not, in our opinion, control our decision in this case. Rather do we believe that defendant\u2019s actions while on probation justified the trial court in losing confidence in defendant\u2019s rehabilitation possibilities. See People v. Ford (1972), 4 Ill.App.3d 291.\nThe sentence imposed for this crime of violence was within the statutory limits and the record is devoid of mitigating circumstances.\nWe find no reason to reduce the sentence.\nThe judgment and sentence are affirmed.\nJudgment affirmed.\nLORENZ, P. J., and ENGLISH, J., concur.\nIll. Rev. Stat. 1969, ch. 38, par. 18 \u2014 2. \u201cArmed Robbery.\n(b) Penalty. A person convicted of armed robbery shall be imprisoned in the penitentiary for any indeterminate term with a minimum of not less than 2 years.\u201d",
        "type": "majority",
        "author": "Mr. JUSTICE DRUCKER"
      }
    ],
    "attorneys": [
      "Gerald W. Getty, Public Defender, of Chicago, (Edward J. Downs and James J. Doherty, Assistant Public Defenders, of counsel,) for appellant.",
      "Edward V. Hanrahan, State\u2019s Attorney, of Chicago, (Robert A. Novelle and James E. Sternik, Assistant State\u2019s Attorneys, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Eugene Ward (Impleaded), Defendant-Appellant.\n(No. 55596;\nFirst District\nMarch 17, 1972.\nGerald W. Getty, Public Defender, of Chicago, (Edward J. Downs and James J. Doherty, Assistant Public Defenders, of counsel,) for appellant.\nEdward V. Hanrahan, State\u2019s Attorney, of Chicago, (Robert A. Novelle and James E. Sternik, Assistant State\u2019s Attorneys, of counsel,) for the People."
  },
  "file_name": "0631-01",
  "first_page_order": 651,
  "last_page_order": 653
}