People v. Hainline

• Decision Date: 05 September 1974
• Docket Number: No. 12297,12297
• Citation: 316 N.E.2d 565,21 Ill.App.3d 1080
• Parties: PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Raymond HAINLINE, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 565

316 N.E.2d 565

21 Ill.App.3d 1080

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Raymond HAINLINE, Defendant-Appellant.

No. 12297.

Appellate Court of Illinois, Fourth District.

Sept. 5, 1974.

John F. McNichols, Deputy Defender, Springfield, for defendant-appellant; J. Daniel Stewart, Staff Atty., Springfield, of counsel.

No appearance for plaintiff-appellee.

SMITH, Presiding Justice:

The single issue in this case is whether or not the circuit court of Adams County abused its discretion in revoking defendant's sentence to periodic imprisonment and in sentencing the defendant to the penitentiary for a period of two to eight years. The periodic imprisonment sentence was imposed on a charge of burglary and was an agreed sentence. Involved in the burglary was the theft of a television set. Under the terms of the periodic sentence, the defendant was released from 10 o'clock to noon and from 1:30 to 3:30 P.M. to seek employment with the provision that when he found employment a modified order would be entered to facilitate his employment and as a further condition of the periodic imprisonment the defendant was not to consume any alcoholic beverages or enter any place where alcoholic beverages were sold for any reason whatsoever.

A week later a petition to revoke the sentence to periodic imprisonment was filed alleging that the defendant had entered the Katty Korner Tavern and consumed alcoholic beverages. His violation of the terms of his periodic imprisonment is undisputed. The sentencing hearing on revocation was continued from time to time because the defendant was in Jacksonville State Mental Hospital under a civil commitment. At the time of the original offense, the defendant was apparently intoxicated. His parents were alcoholics and did not supervise him in his early home life. In the supplemental presentence report, a doctor from Jacksonville State Hospital diagnosed the defendant as an antisocial personality with alcoholic addiction. The defendant testified that after he obtained his job at a nursing home he did on the following day start to work, met some friends and entered the tavern where he was arrested and brought back to the county jail. The trial judge questioned him and he was not too sure of some of the details of his initial testimony. He was a trusty in the county jail, did various odd jobs for the jail authorities and assisted the sheriff's office. He had likewise been cooperative in the jail to assisting the authorities with circumstances where there was danger to other inmates or to law enforcing authorities. The defendant said that he would like to go to some school to take up drafting, to start life all over again because he had been going to church, etc., and wanted to straighten out his life. This same testimony was given by him when the court was considering periodic imprisonment.

The presentence report indicates the defendant was declared a juvenile delinquent at age 15 and sent to the Illinois Youth Commission from which he was paroled and returned three times. His prior criminal record consists of a 1963 conviction for...