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People v. Hajostek

Appellate Court of Illinois, Third District

June 10, 1977, Filed

No. 76-137


 [*149]   [**1209]   [****47]  Defendant James R. Hajostek appeals from convictions, of misdemeanor theft and official misconduct, by the Circuit Court of Mercer County in a bench trial. Defendant was sentenced to concurrent terms of probation of five years for official misconduct and two years for misdemeanor theft, with both terms of probation conditioned on service of four months imprisonment followed by service of eight months imprisonment on weekends. On appeal, defendant argues that (1) defendant was unconstitutionally deprived of an accrued right to be prosecuted only after indictment by grand jury,  [***2]  (2) the State failed to prove defendant's guilt beyond a reasonable doubt, (3) the convictions for theft and official misconduct arose out of the same acts or transaction, and that both convictions, therefore, cannot stand, and (4) the trial court erred in conditioning the concurrent terms of probation upon the service of both a term of imprisonment and a term of periodic imprisonment.

On July 3, 1975, defendant was charged by information with felony theft offenses, the time of the offenses being described as from May 19, 1975, to June 26, 1975. On December 15, 1975, defendant was further charged by information with official misconduct, allegedly committed on June 13, 1975. The two charges were consolidated for a bench trial, which began on December 29, 1975.

At the trial the evidence established that during May and June of 1975 defendant worked for Duncan Township as a truck driver. Defendant's duties included driving a township truck to one of two quarries, picking up rock and spreading the rock on township roads. Defendant would sign a receipt for rock picked up at the quarries, and the rock would be paid for by the county, which would subsequently charge the township.

In [***3]  the course of his duties as a township employee, defendant used a white 1971 Chevrolet truck owned by the township, with an "M" series license plate. It appears that the truck, when not in use, was parked at the  [*150]  township supervisor's house with the keys left in the ignition. Defendant, who chose his own working hours, would use the truck as needed to perform his township duties. Township officials testified at trial that defendant did not have authority to deliver township gravel to private individuals and did not have authority to use the township truck for private purposes.

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49 Ill. App. 3d 148 *; 363 N.E.2d 1208 **; 1977 Ill. App. LEXIS 2741 ***; 7 Ill. Dec. 46 ****

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES R. HAJOSTEK, Defendant-Appellant

Prior History:  [***1]  APPEAL from the Circuit Court of Mercer County; the Hon. JOHN DONALD O'SHEA, Judge, presiding.

Disposition: Affirmed in part and reversed in part.


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Civil Procedure, Judgments, Relief From Judgments, Motions for New Trials, Criminal Law & Procedure, Reviewability, Waiver, General Overview, Trials, Bench Trials, Witnesses, Credibility, Standards of Review, Substantial Evidence, Theft & Related Offenses, Larceny & Theft, Elements, Criminal Offenses, Abuse of Public Office, Lesser Included Offenses, Sentencing Alternatives, Probation, Conditions