People v. Accardo

Pursuant to a plea negotiation, defendant Raymond Accardo, entered pleas of guilty to 12 counts of burglary (Ill. Rev. Stat. 1983, ch. 38, par. 19-1(a)) charged in a single information and one count of burglary charged in a separate information for another incident. He was sentenced to serve concurrent terms of probation of 36 months including, as conditions of probation, 100 hours of public service and payment of restitution. Subsequently, a petition for revocation of probation was filed by the State alleging the commission of a residential burglary (Ill. Rev. Stat. 1983, ch. 38, par. 19-3(a)). Following an evidentiary hearing on the petition, the trial court found that defendant violated probation by committing the residential burglary, revoked defendant's probation, and sentenced him to concurrent seven-year terms of imprisonment on the two burglary informations for which he had been previously placed on probation. At the hearing on the petition to revoke probation, the State's evidence established that a burglary occurred on November 30, 1984, between the hours of 8 a.m. and 3:35 p.m. at the home of Wayne and Mary Braun in Round Lake Beach. Officer Thomas Judd of the Round Lake Beach police department testified that on December 2, 1984, Officer Marsala advised him that he, Marsala, had stopped a person who told him that defendant may be wanted for a burglary and was then walking southbound on Cedar Lake Road. Judd stopped defendant. While checking defendant's name through the computer system, Judd observed that defendant acted edgy and appeared ready to flee the area. Also, Judd noticed a gang symbol on defendant's jacket. Knowing that gang members do carry weapons at times and not being able to see defendant's hands which were covered by gloves, he patted defendant down. Judd found a 19 inch knife tucked inside defendant's coat sleeve. He arrested defendant for unlawful use of weapons and transported him to the station.