People v. Dal Collo
State: Illinois
Court: 3rd District Appellate
Docket No: 3-96-0728
Case Date: 03/06/1998
No. 3--96--0728
_________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 1998
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of the 9th Judicial Circuit,
) Knox County, Illinois
Plaintiff-Appellee, )
)
v. ) No. 96--CF--32
)
ANGELO DAL COLLO, ) Honorable
) Stephen C. Mathers
Defendant-Appellant. ) Judge, Presiding
_________________________________________________________________
PRESIDING JUSTICE McCUSKEY delivered the Opinion of the court:
_________________________________________________________________
Following a jury trial, the defendant, Angelo Dal Collo, was
convicted of unlawful possession of contraband in a penal insti-
tution (720 ILCS 5/31A--1.1 (West 1996)). He was subsequently
sentenced to a seven-year term of imprisonment, to be served
consecutively to his current term. On appeal, the defendant
argues: (1) the State failed to prove him guilty beyond a
reasonable doubt; and (2) the trial court erred at sentencing
when it considered the threat of serious harm as an aggravating
factor. After a careful review of the record, we affirm.
FACTS
At trial, correctional officer Charles Garrison testified
that on December 3, 1995, he was performing random pat-down
searches of inmates returning from the gymnasium at Hill Correc-
tional Center. Garrison stopped the defendant as he came out of
the gymnasium and proceeded to pat him down. In the course of
the search, he found a broken file clip in the defendant's front
jeans pocket.
Garrison further testified that the clip was made of metal
and was approximately 2 to 2
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