People v. Appelgren

              No. 2--05--0018 Filed: 10-30-07
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE OF
ILLINOIS,
Plaintiff-Appellee,
v.
ROBERT APPELGREN,
Defendant-Appellant.
))))))))))
Appeal from the Circuit Court
of Winnebago County.
No. 04--CF--52
Honorable
Steven G. Vecchio,
Judge, Presiding.
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PRESIDING JUSTICE GROMETER delivered the opinion of the court:
Following a jury trial in the circuit court of Winnebago County, defendant, Robert Appelgren, was
convicted of one count of harassment by telephone (720 ILCS 135/1--1(2) (West 2004)) and
sentenced to a term of six years' imprisonment. On appeal, defendant argues that his conviction
should be reversed and the cause remanded for a new trial because the loss of the audiotape forming
the basis of his conviction renders the record insufficient for appellate review and thus deprives him
of his right to a direct appeal. For the reasons that follow, we agree.
Defendant was charged by indictment with two counts of violating an order of protection (720 ILCS
5/12--30 (West 2004)) and one count of harassment by telephone (720 ILCS 135/1--1(2) (West
2004)). The State subsequently dismissed one of the counts of violating an order of protection, and
the matter proceeded to trial on the remaining counts. At defendant's trial, which commenced