People v. Abdullah

581 N.E.2d 67, 220 Ill. App. 3d 687, 163 Ill. Dec. 116, 1991 Ill. App. LEXIS 1639
CourtAppellate Court of Illinois
DecidedSeptember 25, 1991
Docket1-90-2926
StatusPublished
Cited by36 cases

This text of 581 N.E.2d 67 (People v. Abdullah) 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. Abdullah, 581 N.E.2d 67, 220 Ill. App. 3d 687, 163 Ill. Dec. 116, 1991 Ill. App. LEXIS 1639 (Ill. Ct. App. 1991).

Opinion

JUSTICE GREIMAN

delivered the opinion of the court:

Following a bench trial, defendant, Sadar Abdullah, was convicted of possession of a stolen motor vehicle (Ill. Rev. Stat. 1989, ch. 95½, par. 4—103(a)(1)) and was sentenced to 30 months’ probation. On appeal, he contends that the evidence was insufficient to support his conviction and that the trial court committed reversible error when it admonished a defense witness and entered judgment without permitting closing argument by defense counsel.

We affirm.

Officer Christopher Pledger testified that at approximately 2:20 a.m. on May 24, 1990, he stopped the vehicle in question because it matched the description of a van which had been reported to be involved in a hit-and-run accident. At that time, defendant was driving the van and Terrance Steiger, together with two women, were passengers in the van. The officer and defendant exited their respective vehicles and conversed beside the van. In response to the officer’s request for his driver’s license, defendant produced a faded and illegible traffic ticket. When the officer asked for proof of insurance, defendant reached into the vehicle and found a folder. Defendant searched through the folder but could not find any proof of insurance for the van.

Officer Pledger observed “jumbo wires” hanging from the steering column and plastic broken away from the column. There were no broken windows in the van and no other damage to the exterior of the van. Half of an unused, broken key was also found lodged in the steering column.

The officer then took defendant to the police station and questioned him. Defendant told the officer that he did not know the van was stolen, he had only been in the car for about one hour, and the steering wheel was in damaged condition when he entered the van. The officer further testified that defendant admitted knowing that the steering column was “peeled.”

The parties stipulated that Orad Gaston would testify that on May 24, 1990, he owned the van in question and that he did not authorize defendant or anyone else to drive or possess it.

At trial the 19-year-old defendant testified that at approximately 7 p.m. on May 24, 1990, he and a friend named Brandon Turner were walking down a street when Steiger, also a friend of defendant for many years, appeared in a van. When questioned by defendant about his possession of the van, Steiger stated that the van belonged to his boss, who owned a construction company. Defendant testified that since he did not know Steiger had a job, he was surprised by Steiger’s explanation and that Steiger further said it was his first day at the job for the construction company.

Defendant entered the front of the van, and Turner went in the back seat. With Steiger driving the van, the three men first rode to a nearby Burger King restaurant, then drove Turner home, and went to another person’s house where they picked up two women who were riding in the rear of the van at the time of the arrest. Steiger, with his three passengers, then drove to a White Castle restaurant where they all exited the van to go into the restaurant and left the motor running.

When they returned to the van, Steiger complained that he was tired and did not have a driver’s license. Defendant thereafter operated the van.

Defendant already knew Steiger did not have a driver’s license before Steiger picked him up earlier in the evening. Defendant further testified that when he entered the driver’s seat, he did not notice the steering column had been stripped until Steiger told him that the vehicle had been previously burglarized but had not yet been repaired. Defendant stated that no wires were hanging from the steering column and the damage consisted of only a hole in the lower neck of the steering wheel. The hole, according to defendant, was not readily visible to occupants of the car or the police.

At trial Steiger testified that after he picked up defendant and Turner in the van in question, Steiger initially told defendant that the van belonged to his boss but later told him that the van belonged to a high school acquaintance named Mark whose last name Steiger could not recall. A day or two before being stopped by the police, Steiger paid $50 to Mark to borrow the van to do errands for a prom, such as picking up a tuxedo. When he got the van from Mark, Steiger noticed that the steering column was damaged. According to Steiger, Mark told him that the damage occurred during a previous theft attempt and had not yet been repaired. Steiger further testified that Mark showed him how to start the van from the side of the steering column, which was peeled and, in turn, Steiger showed defendant the same method of ignition. Steiger also stated that he told defendant about borrowing the van from Mark and about Mark’s statement that the van had been stolen previously. Steiger maintained that he did not know the van was stolen until the police stopped them.

We first address defendant’s contention that he was not proved guilty beyond a reasonable doubt on the grounds that the State failed to establish an element of the crime, i.e., knowledge. We do not agree.

A person commits the offense of possession of a stolen motor vehicle when he receives or possesses that vehicle knowing it to have been stolen or converted and he is not otherwise entitled to its possession. (Ill. Rev. Stat. 1989, ch. 95½, par. 4—103(a)(1).) The General Assembly has taken great care to develop a statutory remedy to discourage the theft of motor vehicles. Section 4—103(a)(1) of the Illinois Vehicle Code provides:

“§4 — 103 *** (a) It is a violation of this Chapter for:
(1) A person not entitled to the possession of a vehicle *** to receive, possess, conceal, sell, dispose, or transfer it, knowing it to have been stolen or converted; additionally the General Assembly finds that the acquisition and disposition of vehicles and their essential parts are strictly controlled by law and that such acquisition and disposition are reflected by documents of title, *** and bills of sale. It may be inferred, therefore that a person exercising exclusive unexplained possession over a stolen or converted vehicle *** has knowledge that such vehicle *** is stolen or converted ***.” (Ill. Rev. Stat. 1989, ch. 95½, par. 4 — 103(a)(1).)

The statute, therefore, creates an inference that a person exercising exclusive and unexplained possession of a stolen vehicle has knowledge that that vehicle is stolen.

Knowledge is a question of fact to be resolved by the trier of fact. (People v. Santana (1987), 161 Ill. App. 3d 833, 838, 515 N.E.2d 715.) Moreover, the question of a witness’ credibility and the weight to be given the evidence are matters within the province of the trier of fact. (People v. Ambrose (1988), 171 Ill. App. 3d 87, 91, 525 N.E.2d 536.) To sustain a conviction based on circumstantial evidence, the trier of fact need not be satisfied beyond a reasonable doubt as to each link in the chain of circumstances relied upon to establish guilt. Santana, 161 Ill. App.

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Cite This Page — Counsel Stack

Bluebook (online)
581 N.E.2d 67, 220 Ill. App. 3d 687, 163 Ill. Dec. 116, 1991 Ill. App. LEXIS 1639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abdullah-illappct-1991.