People v. Baugh

• Decision Date: 14 May 1974
• Docket Number: No. 12309,12309
• Citation: 311 N.E.2d 607,19 Ill.App.3d 448
• Parties: PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William BAUGH, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 607

311 N.E.2d 607

19 Ill.App.3d 448

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William BAUGH, Defendant-Appellant.

No. 12309.

Appellate Court of Illinois, Fourth District.

May 14, 1974.

John F. McNichols, Deputy Defender, J. Daniel Stewart, Asst. Defender, Springfield, for defendant-appellant.

Lawrence Eaton, State's Atty., Monticello, for plaintiff-appellee.

CRAVEN, Justice:

Defendant was indicted for theft, forgery and deceptive practices. He was found guilty by a jury of theft over $150 and forgery. The trial judge entered a judgment of conviction on both verdicts and after a sentencing hearing, sentenced defendant to an indeterminate term of two to six years for the crime of theft and forgery. Defendant appeals.

Defendant raises several issues in this appeal. We need consider only one. Defendant contends that the trial court erred in refusing to suppress certain inculpatory statements he made to the attorney for the victim of a theft, prior to receiving the admonishments required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694; and that as a consequence the conviction should be reversed and the cause remanded for a new trial. We agree.

Defendant was approached by deputy Dean Mahannah and officer Dennis Thrasher while at a restaurant in Monticello. Defendant was informed by deputy Mahannah that he had a warrant for defendant's arrest. Defendant was then taken to the Piatt County jail. The authorities called Robert Shonkwiler, the attorney for Miss Tatman, the victim of an alleged theft through forgery and deceptive practices. The authorities advised Shonkwiler that the defendant had to be identified. Shonkwiler informed the authorities that he could not identify the defendant but that Miss Tatman could. He suggested that due to the nature of the weather conditions and the advanced age of Miss Tatman, who was 93 years old, that the suspect be taken to her residence so that she could effectuate identification of defendant.

The defendant was then taken to Miss Tatman's home. There were six individuals present at the Tatman residence: Thrasher, Mahannah, the defendant, two men that were with the defendant when he was apprehended, and Shonkwiler. Shonkwiler stated to Miss Tatman that the sheriff needed someone to identify 'William Baugh if he was in the group.' Miss Tatman immediately identified the defendant. Shonkwiler then proceeded to show defendant a canceled check for $830 drawn on the State Bank of Cerro Gordo. He asked defendant if this was the check that Miss Tatman had given him, and the defendant answered in the affirmative. Defendant also admitted that he made the endorsement on the back of the check and that he had cashed it at the State Bank of Cerro Gordo. Shonkwiler then inquired if defendant could make restitution for the money that he had allegedly defrauded Miss Tatman of and Baugh stated that he could possibly do so. Defendant was indicted for theft over $150, forgery and theft through deceptive practices.

Defendant filed a motion to suppress confession. The thrust of the motion was that defendant was not informed of his right as enumerated in Miranda prior to the custodial interrogation of defendant by attorney Shonkwiler. A hearing was held on the motion and at the conclusion of said hearing the trial court ruled that the motion to suppress should be denied.

At trial, defendant renewed his objection concerning the inculpatory statement in question and the testimony relating thereto. The trial court again overruled defendant's objection. Defendant was found guilty of forgery and theft. The trial judge erroneously entered judgment on both verdicts and sentenced defendant to an indeterminate...