People v. Balthazar

543 N.E.2d 994, 187 Ill. App. 3d 964, 135 Ill. Dec. 426, 1989 Ill. App. LEXIS 1304
CourtAppellate Court of Illinois
DecidedAugust 29, 1989
DocketNo. 1—86—1607
StatusPublished
Cited by2 cases

This text of 543 N.E.2d 994 (People v. Balthazar) 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. Balthazar, 543 N.E.2d 994, 187 Ill. App. 3d 964, 135 Ill. Dec. 426, 1989 Ill. App. LEXIS 1304 (Ill. Ct. App. 1989).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Defendant was convicted in a bench trial of possession of a stolen motor vehicle. He appeals, arguing that the State failed to prove ownership of the vehicle, an essential element of the offense, and that section 4 — 103(b) of the Illinois Vehicle Code (Ill. Rev. Stat. 1985, ch. 951/2, par. 4 — 103(b)), defining the offense of possession of a stolen motor vehicle, is unconstitutional.

Chicago police officer Donald Wolverton testified at trial that on June 25, 1985, he was on patrol in a marked squad car in the vicinity of 345 South Albany Avenue in Chicago when he observed four men sitting in a parked car with no license plates. As he approached the car, the four men exited the auto and began running in different directions. The officer chased defendant and Zeke Myles, but was able to catch only Myles. According to Wolverton, Myles claimed that defendant had stolen the car. The officer further testified that he recognized defendant as one of the men in the car when he turned and looked back at Wolverton as he fled. Wolverton testified that he had known defendant for five or six years, had arrested him in the past, and had seen him a few months prior to June 1985. The officer named defendant in his case report as “a wanted offender,” and a warrant for his arrest was obtained.

After arresting Myles, Wolverton returned to the car, a 1978 Chevrolet Monte Carlo, and observed that the left-hand side of the steering column was peeled, the car radio was missing and the trunk lock had been pried away. Wolverton learned the identity of the owner of the car by running a computer check using the car’s vehicle identification number; he then went to see him at approximately 6 a.m.

Ambrus Horton, the owner, testified that he had locked his car doors when he parked it in front of his house at approximately 9:30 p.m. on June 24, 1985. He had not realized his car was missing until notified by the police. Horton stated that Wolverton came to his home at approximately 5 a.m. on June 25, 1985, and that he accompanied the officer to the police station, where he saw his car. He testified that his car was “almost demolished,” the steering column had been peeled, the dashboard was torn out, the car radio was missing, the window and lock had been knocked out and the personal property he had left in the car was missing.

Myles, a friend of defendant, testified that he was merely approaching the car and not actually in it when the police began chasing him; however, he admitted that he had pleaded guilty to “being inside the car.” Myles claimed that defendant was not with him on the morning of June 25, 1985, and that he never told Wolverton that defendant had stolen the car.

Defendant denied any involvement in the incident, claiming that he was at home in bed on the morning of June 25, 1985, and that he was not with Myles nor chased by Wolverton.

Defendant was acquitted of the charge of burglary, but found guilty of possession of a stolen motor vehicle. Based upon this conviction, his probation for a prior burglary was revoked and he received concurrent six-year prison terms for both offenses. This appeal followed.

Defendant was convicted under the following statute:

“Offenses relating to motor vehicles and other vehicles-felonies. (a) It is a violation of this Chapter for:
(1) A person not entitled to the possession of a vehicle or part 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, uniform invoices, 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 or essential part is stolen or converted, regardless of whether the date on which such vehicle or essential part was stolen is recent or remote.” Ill. Rev. Stat. 1985, ch. 951/2, par. 4 — 103(a)(1).

Defendant contends that the State failed to prove that the car from which he had allegedly run was stolen or that the car belonged to Ambrus Horton. He maintains that ownership of the vehicle is an essential element of the offense of possession of a stolen motor vehicle and must be proved by the State beyond a reasonable doubt. He emphasizes that Wolverton testified that he learned the identity of the owner of the car by checking the vehicle identification number, but he did not testify to the owner’s identity at that time. During his rebuttal testimony, Wolverton stated that “the victim of the auto theft, Mr. Horton,” was present when Myles made the statement that defendant stole the car. Additionally, defendant cites Horton’s testimony that the police notified him of the theft at 5 a.m., which contradicts Wolverton’s testimony that he observed defendant in the car at 5:40 a.m. and notified the owner at 6 a.m. Thus, according to defendant, he could not have been in Horton’s car. Horton testified that he recovered his car at the police station, but he did not testify as to the vehicle identification number; therefore, defendant argues, Horton did not testify that he recovered the car from which defendant allegedly fled.

Defendant relies on People v. Hope (1979), 69 Ill. App. 3d 375, 387 N.E.2d 795, in support of his argument that the State had to prove that he had possession of Horton’s, as opposed to any stolen vehicle. In that case, the appellate court reversed Hope’s conviction for theft and possession of a stolen motor vehicle, stating:

“We believe, after a careful review of the record before us, that the State failed to conclusively establish beyond a reasonable doubt that the automobile driven by defendant at the time of his arrest was owned by Nortown. The evidence established that a 1976 white Oldsmobile 98 was reported stolen by Nor-town sometime between May 20, 1976, and July 8, 1976, and that defendant was arrested on July 8, 1976, while driving a 1976 white Oldsmobile 98 which had apparently been reported stolen by an unidentified owner. However, the vital link necessary to establish that the Oldsmobile driven by defendant and the one missing from Nortown were the same automobile is clearly lacking. The State did not introduce a certificate of title for the automobile driven by defendant to establish Nortown’s ownership. Nor did the State prove the Oldsmobile driven by defendant and the one missing from Nortown bore the same vehicle identification numbers, although both numbers were available to the State. Furthermore, no chain of custody testimony was presented to indicate that the Oldsmobile in which defendant was arrested was later returned to, and accepted by, Nortown. Although *** [the] assistant general manager of Nor-town[ ] testified that Nortown’s missing Oldsmobile was returned by two other Nortown employees, the record does not indicate where or how these employees had obtained the automobile. There is certainly no evidence establishing that these employees obtained possession of the Oldsmobile from the police.

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Related

People v. Smith
589 N.E.2d 895 (Appellate Court of Illinois, 1992)
People v. Fernandez
561 N.E.2d 1131 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
543 N.E.2d 994, 187 Ill. App. 3d 964, 135 Ill. Dec. 426, 1989 Ill. App. LEXIS 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-balthazar-illappct-1989.