People v. Douglas

408 N.E.2d 239, 86 Ill. App. 3d 668, 41 Ill. Dec. 817, 1980 Ill. App. LEXIS 3295
CourtAppellate Court of Illinois
DecidedJuly 7, 1980
Docket79-558
StatusPublished
Cited by5 cases

This text of 408 N.E.2d 239 (People v. Douglas) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Douglas, 408 N.E.2d 239, 86 Ill. App. 3d 668, 41 Ill. Dec. 817, 1980 Ill. App. LEXIS 3295 (Ill. Ct. App. 1980).

Opinion

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

After a bench trial, Matthew Douglas (defendant), was found guilty of two counts of forgery (Ill. Rev. Stat. 1975, ch. 38, par. 17 — 3(a)(1) and par. 17 — 3(a)(2)), and one count of attempt (Ill. Rev. Stat. 1975, ch. 38, par. 8 — 4) to violate the Illinois Controlled Substances Act. He was sentenced to two years. He appeals.

Following this factual statement, defendant’s contentions will be considered in order:

At a pretrial hearing, a motion of defendant to quash his arrest and suppress evidence was denied. At this hearing, Officer Hachmeister testified that on July 1,1977, working in plain clothes, he was called to the Des Plaines Pharmacy. The caller told him someone there was “trying to pass a fraudulent prescription.” At about 10:15 p.m. the officer spoke to the pharmacist, Morris. Morris said a person had tried to fill a prescription. Morris walked outside with the officer and identified the defendant as that person. Defendant was seated on the passenger side of a parked automobile some 15 or 20 feet away. The driver of the car “sped away.” The officer followed. After a chase, defendant and the driver were apprehended and returned to the pharmacy. Morris again identified defendant. The defendant was violating no law when arrested.

The officer found defendant’s name, Matthew Douglas, on the prescription. The evidence also shows after the arrest the officer contacted the Hines Veterans Hospital because the prescription stated that it was to be filled only in Veterans Administration Health Care Facilities. There was no doctor at that hospital bearing the name of the one who had signed the prescription. The prescription was for “preludin.” The hospital told the officer “they would not issue that type of drug on their forms.”

Morris testified the defendant presented the prescription and gave him an identification card from the Veterans Administration Hospital with defendant’s picture. Morris called the hospital and spoke to several people. He could get no information. He could not locate the doctor who had signed the prescription.

The trial court then denied defendant’s motion.

At trial, Dr. Gerbie, a practicing obstetrician for 26 years, with practice limited to that field, testified he had not prescribed preludin during the past two years. It is a drug useful for dieting as it suppresses the appetite. He had never seen the prescription before. The signature was not his. There was a drug control number on the form which had been his for many years. He did not know and had never previously seen Matthew Douglas (defendant). To the best of his knowledge, preludin is a controlled substance in Illinois.

Officer Hachmeister testified as he had on the motion. He added defendant was the man identified to him as the person who tried to pass the fraudulent prescription. The parking lot had lights and he was 10 to 15 feet from the defendant when he announced his office.

The pharmacist testified as he had on the motion. He added preludin was a Class II controlled substance in Illinois described as an anorexant.

Defendant testified he entered the pharmacy, spoke to Morris and asked if the prescription could be filled at “an outside pharmacy.” Morris said he could do so. Defendant did not give an identification card to Morris. He identified the prescription form as the one he used. On January 21, 1976, he pleaded guilty of attempt to obtain a controlled substance by fraud and deceit. He was sentenced to 70 days considered served. On April 6, 1977, he pleaded guilty to possession of a controlled substance and was given five years felony probation. This information appeared on certified copies shown to the witness.

I.

We find probable cause existed for arrest of the defendant. (Ill. Rev. Stat. 1977, ch. 38, par. 107 — 2(c).) Under the totality of circumstances, the officer passed the subjective test. Any man of reasonable caution would believe an offense was committed by the identified defendant. See People v. Creach (1980), 79 Ill. 2d 96, 101-02, 402 N.E.2d 228, and authorities there cited.

This conclusion is particularly warranted in the case at bar. The officer received his information not from a paid informer but from an informed citizen. (People v. Lawson (1976), 36 Ill. App. 3d 767, 770, 345 N.E.2d 41, and cases there cited. See also People v. Wright (1974), 56 Ill. 2d 523, 528-29, 309 N.E.2d 537.) The result reached by the trial court in this regard is strongly supported by the evidence.

This .conclusion is based solely upon the information given to the police officer prior to and after his arrival at the pharmacy. We need not and do not depend upon the fact that the car in which defendant was sitting sped away when the police officer approached.

Furthermore, although the conclusion of probable cause is strengthened by the evidence in chief and use of this evidence would be proper here, we need not rely upon that additional consideration. As shown by the authorities cited in People v. Williams (1978), 62 Ill. App. 3d 874, 880, 379 N.E.2d 1222, “evidence adduced at trial may be considered by a reviewing court in determining whether a denial of a motion to suppress was error.” To the same effect is the well-reasoned opinion in People v. Glanton (1975), 33 Ill. App. 3d 124, 137-38, 338 N.E.2d 30. The suggestion in Glanton that the trial evidence be received prior to the admission in evidence of the property sought to be suppressed (33 Ill. App. 3d 124, 138), is inapplicable here. The defendant’s written motion does not describe or move to suppress any property. The only possible property involved in the instant case is the prescription which was voluntarily delivered by the defendant to the pharmacist.

Although the State had the burden of going forward with evidence to counter the prima facie case made by defendant (People v. Williams (1978), 62 Ill. App. 3d 874, 878, 379 N.E.2d 1222), the ultimate burden of proof rested upon defendant. (People v. Ross (1978), 60 Ill. App. 3d 857, 861, 377 N.E.2d 230.) A reviewing court will not reject the result reached by the trial court where it is in accord with the manifest weight of the evidence and “was not manifestly erroneous.” People v. Williams (1974), 57 Ill. 2d 239, 246, 311 N.E.2d 681, cert, denied (1974), 419 U.S. 1026, 42 L. Ed. 2d 302, 95 S. Ct. 506.

We note also that the point, if any, involving the alleged illegal arrest of defendant is not mentioned in defendant’s written motion for new trial filed November 15, 1978. The contention is therefore waived. People v. Edwards (1978), 74 Ill.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. McCrimmon
588 N.E.2d 444 (Appellate Court of Illinois, 1992)
People v. Wingren
521 N.E.2d 130 (Appellate Court of Illinois, 1988)
People v. Lev
519 N.E.2d 1168 (Appellate Court of Illinois, 1988)
People v. Repp
518 N.E.2d 750 (Appellate Court of Illinois, 1988)
People v. Tarkowski
435 N.E.2d 1339 (Appellate Court of Illinois, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
408 N.E.2d 239, 86 Ill. App. 3d 668, 41 Ill. Dec. 817, 1980 Ill. App. LEXIS 3295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-douglas-illappct-1980.