People v. Gramo

623 N.E.2d 926, 251 Ill. App. 3d 958, 191 Ill. Dec. 336
CourtAppellate Court of Illinois
DecidedNovember 15, 1993
Docket4—91—0851, 4—91—0861, 4—91—0862 cons.
StatusPublished
Cited by12 cases

This text of 623 N.E.2d 926 (People v. Gramo) 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. Gramo, 623 N.E.2d 926, 251 Ill. App. 3d 958, 191 Ill. Dec. 336 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the court:

In the fall of 1990, the State charged defendant Jan Gramo, a/k/a Jan Bocian, a/k/a Stanislaw Piontek, in De Witt, Livingston, and McLean Counties with multiple counts of attempt (residential burglary), residential burglary (Ill. Rev. Stat. 1989, ch. 38, pars. 8 — 4(a), 19 — 3), obstruction of justice (Ill. Rev. Stat. 1989, ch. 38, par. 31 — 4(a)), theft (Ill. Rev. Stat. 1989, ch. 38, par. 16 — l(a)(4)(A)), and possession of burglary tools (Ill. Rev. Stat. 1989, ch. 38, par. 19 — 2). The cases from all three counties were consolidated for a bench trial in McLean County. The trial court convicted defendant of residential burglary, attempt (residential burglary), and obstruction of justice and sentenced him to extended-term consecutive sentences totalling 55 years in prison. The court entered no sentences or judgments of conviction on the other counts charging theft and possession of burglary tools. A timely post-trial motion and motion for reduction of sentence were filed and denied.

Defendant appeals, arguing that the trial court (1) erred by imposing extended-term sentences for residential burglary where the victim is over the age of 60, and (2) abused its discretion by imposing such a severe sentence.

We affirm.

I. Background

John Allen, a City of Clinton (De Witt County) police officer, testified that he was home on October 16, 1990, at about 5 p.m. when he saw a gray, four-door Buick automobile, with a white man at the wheel and a white woman inside, circle the block at least five times. The woman, dressed in a long skirt and blouse, left the car, ran to three different houses and attempted to open the front doors as if she was trying to get in. The woman held her arms in front of her body as though “she was carrying something.” At the third house, the residence of Leita Jackson, the woman approached the side door, tried to turn the handle, and then twice threw her body against the door. Allen then telephoned the police department to report this incident and the license plate number of the gray car.

After making his call, Allen went outside carrying his police radio. He testified that he saw the woman moving around the outside of the Jackson house until she went out of his view. He went to the Jackson residence, checked the door that the woman had attempted to enter, and found it still locked. Allen then went to the back of the house in the same direction the woman had gone and found the back door open. Allen testified that he did not see the woman in the house, but after he checked the back door, he went back to the front of the house and observed the gray vehicle headed down the street. At that time, Allen saw police chief Michael Norrington’s squad car coming down the street. Allen advised him over the radio that he had just passed the suspects’ vehicle. Norrington then turned around to pursue the gray vehicle. Allen went back to the Jackson house and found the front door, which had been previously locked, open. He checked the other nearby houses while the police pursued the Buick.

When Allen went to the Clinton police station shortly afterward, he saw the two suspects sitting in separate interview rooms. Defendant was the male suspect. Allen helped to inventory the property, which consisted mostly of jewelry, that had been confiscated from defendant’s impounded automobile. Norrington found various other items during his inventory of defendant’s automobile, including screwdrivers, a ball peen hammer, wire cutters, a small magnifying lens (called a jeweler’s glass), a hand-held magnifying glass, metal snips, a cold steel chisel, a “booster skirt” (an apron with an inside compartment), a wire stripper, and a bag with a false bottom. Norrington found jewelry in the false bottom of the bag.

Norrington testified that the tools looked as if they had been used, but he could not say for what purpose. He testified that the “double walled bag” was a relatively standard item, but a “booster skirt,” on the other hand, must be specially made. Norrington testified that such a skirt is used for stealing, particularly for concealing bulky items in shoplifting. An appraisal estimated the total value of all the items recovered from defendant’s car at $25,810.

Norrington testified that after Allen reported the suspicious activity, he drove to the scene in an unmarked car and another officer drove to the scene in a marked squad car. As Norrington approached Allen’s residence, he saw a car matching the description Allen provided, and at the same time, Allen called on the radio that he had just passed the suspicious vehicle. Norrington then looked through his rearview mirror and saw a woman enter the gray Buick, the door slam shut, and the car speed away. Norrington made a U-turn, activated his emergency lights, and gave pursuit.

Norrington pulled the gray Buick over after a high-speed chase. He found two people in the car, a man driving and a woman passenger. When Norrington asked for identification, both the driver and passenger responded, “No speak English.” (Norrington identified the driver in court as defendant and the woman passenger as defendant’s wife, Ewa Bzoza.) The driver produced an Illinois driver’s license bearing the name “Jan Gramo,” and the passenger produced a card with the name “Ela Burak.” Norrington placed them under arrest and ordered the Buick towed to the police impoundment lot.

Leita Jackson was 87 years old at the time she testified, approximately two years after the burglary. On October 16, 1990, she lived alone and left home shortly after 5 p.m. She gave no one permission to enter her home in her absence, and she did not know either defendant or his wife. When she left her home that day, all of her doors were locked.

After defendant and his wife were arrested, the police issued a bulletin announcing the recovery of a large amount of jewelry and inviting inquiries regarding missing jewelry from other police agencies. They received the following responses.

Earl Ewald was 81 years old and a longtime resident of McLean County when he testified at trial. His wife, Mildred, was 82 years old. On the morning of October 16, 1990, Earl and Mildred went shopping. Mildred wore her wedding ring, which she did not normally wear during the daytime. When they returned home she took off her ring and put it on top of the jewelry box on her dresser. Later, at 2 p.m., the Ewalds went outside to wash the windows on the front of their house. They left the front and back doors unlocked while they were outside. The next morning, Mildred could not find her wedding ring. As she searched, she discovered that other jewelry was also missing, along with her watch and some money ($117). The house bore no signs of forced entry. The Ewalds immediately notified the police. After the Ewalds learned of the recovery of a quantity of jewelry in Clinton, they went to the Clinton police department, where they identified some of the items missing from their house, including Mildred’s wedding ring.

Another resident of McLean County, Fern Catón, was 78 years old when she testified. On the morning of October 15, 1990, she ran an errand, wearing four rings which she always wears when she goes out. For most of the next day, October 16, Catón left her kitchen door unlocked.

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

Related

People v. Rodriguez
2018 IL App (1st) 141379-B (Appellate Court of Illinois, 2018)
People v. Bowen
2015 IL App (1st) 132046 (Appellate Court of Illinois, 2015)
People v. Jones
702 N.E.2d 984 (Appellate Court of Illinois, 1998)
People v. Catron
674 N.E.2d 141 (Appellate Court of Illinois, 1996)
People v. Childs
662 N.E.2d 161 (Appellate Court of Illinois, 1996)
People v. Brooks
648 N.E.2d 626 (Appellate Court of Illinois, 1995)
People v. Morrison
633 N.E.2d 48 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
623 N.E.2d 926, 251 Ill. App. 3d 958, 191 Ill. Dec. 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gramo-illappct-1993.