(DOWNLOAD) "People v. Merz" by Illinois Appellate Court — Second District Judgment Affirmed in 83$2685; Judgment Affirmed as Modified in 83$2605 # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Merz
- Author : Illinois Appellate Court — Second District Judgment Affirmed in 83$2685; Judgment Affirmed as Modified in 83$2605
- Release Date : January 27, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
While on probation for the offense of unlawful delivery of a controlled substance (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 1401(e)), defendant, Henry M. Merz, was found guilty of residential burglary (Ill. Rev. Stat. 1981, ch. 38, par. 19-3), theft in excess of $300 (Ill. Rev. Stat. 1981, ch. 38, par. 16-1(a)(1)), and criminal damage to property in excess of $300 (Ill. Rev. Stat. 1981, ch. 38, par. 21-1(a)), all arising out of an occurrence on January 1, 1983. The defendant was subsequently sentenced to a four-year term of imprisonment for the residential burglary offense only. The State also filed a petition for revocation of defendant's probation based upon the January 1, 1983, incident to which the defendant later stipulated that he had been convicted of the three offenses. His probation was revoked and he was sentenced to a 40-month term of imprisonment to be served consecutively with the previously imposed four-year imprisonment term for residential burglary. These two cases have been consolidated on appeal and the following issues are raised by defendant: (1) did the trial court commit reversible error in the residential burglary trial (a) by limiting his opportunity to impeach an alleged accomplice witness, (b) by repeatedly making unnecessary comments disparaging to defense counsel before the jury, and (c) in admitting certain physical evidence based on hearsay and an inadequate foundation; and (2) was the 40-month consecutive term of imprisonment following revocation of his probation (a) grossly disparate to that of a co-defendant, and (b) improper because the trial court specifically found defendant was unlikely to commit another crime? Defendant also requests that if his conviction for residential burglary is reversed and remanded for a new trial, his probation revocation and sentence be reversed.