People v. Tuczynski

378 N.E.2d 1200, 62 Ill. App. 3d 644, 19 Ill. Dec. 325, 1978 Ill. App. LEXIS 2997
CourtAppellate Court of Illinois
DecidedJune 30, 1978
Docket77-888
StatusPublished
Cited by25 cases

This text of 378 N.E.2d 1200 (People v. Tuczynski) 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. Tuczynski, 378 N.E.2d 1200, 62 Ill. App. 3d 644, 19 Ill. Dec. 325, 1978 Ill. App. LEXIS 2997 (Ill. Ct. App. 1978).

Opinion

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

In a bench trial, defendant was convicted of attempt theft and attempt theft by deception and sentenced to two years probation. On appeal, he contends that (1) the complaints did not sufficiently charge the offense of attempt theft; (2) the trial court erred (a) in trying the complaints together, (b) in allowing defendant to continue representing himself when it became apparent that he did not understand the elements of the offense charged and (c) in permitting evidence of similar conduct by defendant against third parties; and (3) the offense as charged in one of the complaints was not proven.

The relevant facts are not in dispute. Defendant is the owner and publisher of the Jednosc and Polish Courier newspapers. His wife, his brother, and several part-time employees assist him in publishing both of those newspapers.

In 1976, Casimir Laskowski and Edward Novak filed separate complaints against defendant for billing them for advertisements in his newspapers that they had not ordered. The Laskowski complaint alleged that:

“Zenon Tuczynski * committed the offense of attempt, in that he with intent to commit the offense of theft by deception, submitted a bill to the complainant, Casimir Laskowski, for nonexistent and non-authorized advertising

The Novak complaint charged that:

“Zenon Tuczynski committed the offense of attempt in that he, with intent to commit the offense of theft, billed the complaining witness, Edward E. Novak, for services not ordered * # « ”

Prior to trial, defendant was informed by the court of his right to counsel and to a jury trial. He was strongly urged to retain the services of an attorney and advised that an appointment of an attorney would be made if he could not afford to retain one. Defendant, however, stated that he wished to represent himself and requested that the trial judge decide the case.

During the trial, Laskowski testified that he received a bill for *73 from defendant’s Jednosc newspaper for an advertisement of his funeral home. He did not pay the bill because he had neither ordered nor authorized the advertisement. He also received from the newspaper several reminder notices that the bill had not been paid. The State introduced into evidence the December 20, 1975, edition of defendant’s Jednosc newspaper containing an ad for Laskowski’s funeral home — which he stated was an unauthorized reproduction of an ad ordered by him appearing in the December 19, 1975 edition of the Polish Daily Zgoda newspaper.

While he was cross-examining Laskowski, defendant requested an explanation in lay terms of the attempt theft charge. The state’s attorney answered, “[Y]ou attempted to acquire money falsely from false billing, knowing those billings to have been false and unauthorized — to wit — the intent to permanently deprive people of property.”

Novak then testified that on March 14, 1976, he received a bill from defendant’s Courier newspaper for an unauthorized advertisement for the Polish American Political League, of which he was chairman. He stated that neither he nor any other officer of the organization authorized the advertisement, but that he had placed a political ad for the League in the Zgoda newspaper on March 12 — which was the same ad appearing in defendant’s Courier.

During his cross-examination of Novak, defendant inquired as to the nature of the Novak charge and the state’s attorney informed him that it was attempt theft. Defendant then asked him to explain in lay terms what the difference was between the Laskowski and Novak charges. The state’s attorney stated that the difference was that in the Laskowski case “we can prove where you got the ads from, that they were unauthorized and that you published it in the Jednosc newspaper.” In the Novak case “the only thing we can prove is that you issued an unauthorized bill. We can’t prove that you ever published an ad.”

Five other witnesses, Raymond Samow, Reverend Edmond Siedlecki, Frank Condel, Donald Binniac, and Arthur Kilinonski testified that they had received bills from defendant’s newspapers for advertisements they did not order.

Walter Kuman, an advertising department employee for the Polish Zgoda Printing and Publishing Company, testified that the Laskowski and Siedlecki advertisements appearing in the December 20,1975, edition of defendant’s newspaper were reproductions of advertisements published in the Zgoda newspaper on December 19, 1975, and he stated that defendant was not authorized to reproduce any advertisements from the Zgoda newspaper.

At the close of the State’s case, defendant requested and was granted a one-week continuance to select his defense witnesses. During that week, defendant retained an attorney who was granted another continuance for one week to become acquainted with the case and to prepare a defense.

When the trial resumed, defendant testified that his wife and many of his newspaper employees accepted orders for advertisements during the period that the Laskowski and Novak advertisements were taken. He stated also that when an advertiser wanted the publication of an ad that appeared in another paper, it was his practice to reproduce the ad from the other paper. He further testified that he neither recorded the orders for the Laskowski or Novak advertisements nor did he send bills to them.

Defendant’s wife testified that she was employed by the Jednosc and Courier newspapers and that in December 1975, a caller who identified himself as Casimir Laskowski ordered an advertisement for his funeral home to be placed in the December 20 edition of the newspaper. Since the advertisement he wanted had appeared in the Zgoda newspaper on December 19, she reproduced that ad in the Jednosc newspaper.

Opinion

Defendant initially contends that the two misdemeanor complaints were insufficient to charge him with the offenses of attempt theft. He argues that the complaints failed to set forth the elements of the principle offense of theft; particularly that they lacked allegations of any attempt to “obtain or exert unauthorized control” so as to “permanently deprive the owners of the use or benefit of their property” and that they did not contain an allegation as to the nature of the property that he attempted to steal.

The function of a misdemeanor complaint, like any other charging instrument, is to advise the accused of the nature of the accusation so as to enable him to fully prepare his defense (People v. Dillon (1968), 93 Ill. App. 2d 151, 236 N.E.2d 411), and it must be sufficiently specific to serve as a bar to a second prosecution for the same offense (People v. Harvey (1973), 53 Ill. 2d 585, 588, 294 N.E.2d 269, 270).

When the sufficiency of a complaint is attacked in a pretrial motion (Ill. Rev. Stat. 1975, ch. 38, par. 114—1) or, as here, after trial in a motion in arrest of judgment (Ill. Rev. Stat. 1975, ch. 38, par.

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

Related

People v. Scott
2015 IL App (4th) 130222 (Appellate Court of Illinois, 2015)
People v. Wilkenson
635 N.E.2d 463 (Appellate Court of Illinois, 1994)
People v. Meyers
630 N.E.2d 811 (Illinois Supreme Court, 1994)
People v. Ader
531 N.E.2d 407 (Appellate Court of Illinois, 1988)
People v. Frisby
512 N.E.2d 1337 (Appellate Court of Illinois, 1987)
People v. Partee
511 N.E.2d 1165 (Appellate Court of Illinois, 1987)
People v. Beardsley
487 N.E.2d 731 (Appellate Court of Illinois, 1985)
People v. Harper
482 N.E.2d 412 (Appellate Court of Illinois, 1985)
People v. Davenport
479 N.E.2d 15 (Appellate Court of Illinois, 1985)
People v. Graves
480 N.E.2d 1142 (Appellate Court of Illinois, 1984)
People v. Castro
446 N.E.2d 1267 (Appellate Court of Illinois, 1983)
People v. Hall
433 N.E.2d 1039 (Appellate Court of Illinois, 1982)
People v. Easter
430 N.E.2d 612 (Appellate Court of Illinois, 1981)
People v. Grant
427 N.E.2d 810 (Appellate Court of Illinois, 1981)
People v. Phelan
426 N.E.2d 925 (Appellate Court of Illinois, 1981)
People v. Fink
419 N.E.2d 86 (Appellate Court of Illinois, 1981)
People v. Simon
416 N.E.2d 285 (Appellate Court of Illinois, 1980)
People v. Hudson
408 N.E.2d 325 (Appellate Court of Illinois, 1980)
People v. Wynn
406 N.E.2d 35 (Appellate Court of Illinois, 1980)
Bard v. Harvey
392 N.E.2d 371 (Appellate Court of Illinois, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
378 N.E.2d 1200, 62 Ill. App. 3d 644, 19 Ill. Dec. 325, 1978 Ill. App. LEXIS 2997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tuczynski-illappct-1978.