People v. Grady

• Decision Date: 18 November 1976
• Docket Number: No. 13635,13635
• Citation: 43 Ill.App.3d 473,357 N.E.2d 230,2 Ill.Dec. 253
• Parties: , 2 Ill.Dec. 253 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kevin GRADY, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 230

357 N.E.2d 230

43 Ill.App.3d 473, 2 Ill.Dec. 253

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kevin GRADY, Defendant-Appellant.

No. 13635.

Appellate Court of Illinois, Fourth District.

Nov. 18, 1976.

Richard J. Wilson, Deputy State Appellate Defender, Edward R. Green, Asst. State Appellate Defender, Springfield, for defendant-appellant.

Edmond H. Rees, State's Atty., Macoupin County, Carlinville, G. Michael Prall, Principal Atty., Ill. State's Attys., Assn., Statewide Appellate Assistance Service, Springfield, of counsel, for plaintiff-appellee.

CRAVEN, Presiding Justice.

Defendant Kevin Grady was indicted for aggravated battery, disobeying a police officer, disorderly conduct, resisting arrest and illegal parking. Verdicts were returned finding defendant guilty of the four latter charges and acquitting him of aggravated battery. The trial court entered judgment on all the guilty verdicts but sentenced defendant only on the most serious offense, resisting arrest, to a 5-month term of imprisonment at Vandalia. Defendant appeals the judgments entered on the verdicts of guilty for disobeying a police officer, disorderly conduct, resisting arrest and illegal parking, on the grounds that all of these offenses arose from the same conduct. That issue requires a somewhat detailed recitation of the facts giving rise to the charges brought.

On the evening of April 30, 1975, the chief of police of Girard, Illinois, Don Dalton, held a training session in the city hall building. At this session, some twelve regular and special assistant Girard policemen were present. Throughout the meeting, there was a great deal of traffic noise emanating from the town square upon which the city hall fronts. As the policemen finished watching a training film, Chief Dalton left the meeting to direct two cars in front of city hall to move, as they were parked parallel to each other in the street, blocking traffic. Those cars were occupied by the defendant and his brother, Tommy.

Dalton was not wearing his uniform but both the defendant and his brother were aware of his position of authority. He spoke to the defendant through the open window of Grady's car and asked him to move the vehicle. The defendant ignored Chief Dalton and continued talking to his brother Tommy through the other window. After additional requests from Dalton, the defendant responded, 'I'd like to see you or anybody else move this car.' Dalton then told Kevin he was under arrest and ordered him to get out of the car. Grady refused.

At this point, it is clear only that a scuffle ensued with Dalton reaching into the car to pull the defendant out and the defendant kicking Dalton in both the thumb and the shin. Dalton grabbed hold of defendant's leg and began pulling him out of the car. Defendant was brought out of the car and resisted entry into city hall after being commanded by Chief Dalton to move into that building. The threat of mace and a headlock placed on the defendant by another Girard policeman motivated his entry into the building but not until after he made several threats to several of the policemen present. Throughout this process, defendant profanely cursed the Girard police, and Dalton in particular.

The Illinois Supreme Court ruled in People v. Schlenger (1958), 13 Ill.2d 63, 147 N.E.2d 316, that when two or more offenses arise from the same conduct, only the conviction for the most serious may stand. Not only must the sentence for the other offense be vacated, the judgment of guilty must be vacated as well, because the mere existence of the other judgment serves to prejudice a defendant as police records may carry notations of what will appear to be convictions of...