People v. Carter

557 N.E.2d 299, 197 Ill. App. 3d 1043, 145 Ill. Dec. 529, 1990 Ill. App. LEXIS 620
Appellate Court of Illinois·Decided May 4, 1990·No. No. 1—87—2139·Published·Cited by 5 cases

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Following a bench trial, defendant, Michael Carter, was found guilty of burglary (Ill. Rev. Stat. 1985, ch. 38, par. 19 — 1) and sentenced to six years’ imprisonment. On appeal, he contends that the State failed to prove him guilty of burglary beyond a reasonable doubt. We affirm.

Detective Robert Browne testified on behalf of the State that at 5:30 a.m. on July 26, 1986, he and his partner responded to an alarm that had been activated in a liquor store, located one-half block away from them. When they arrived at the store, the burglary alarm was still being transmitted. At the store, Browne noticed that a window had been broken. He then looked down the street and saw defendant walking with an object in his hands. Defendant was approximately one-half of a block away from the store when Browne saw him. Browne followed defendant across a parking lot and into an alley. When defendant saw Browne approach him, defendant stopped walking. Browne saw that defendant’s hands were bleeding and that he was carrying a case of Richards Wild Irish Rose wine. He then arrested defendant and drove him back to the liquor store. When they arrived at the store, Browne discovered that there was also blood on the window and on two coolers placed by the window. Browne further testified that when the owner of the store arrived, he identified the case of wine recovered from defendant as one of the cases that had been stolen from his store.

On cross-examination, Browne testified that he did not see defendant enter or leave the liquor store and that he did not take samples of the blood he discovered at the store for testing. He also acknowledged that he failed to state in his report that there was blood on the window and cooler.

The parties stipulated that if the owner of the liquor store, Abraham Ali, were to testify, he would state as follows: At 8:30 p.m. on July 25, 1986, he locked the burglary gates and window of his shop. When he left his store, the burglary gates covering the west-side window were locked and that window was not broken. At 5:30 a.m., the next day, the police department informed him that there had been a forced entry into his store. When he arrived at the store, the gates he had earlier locked had been removed and the window broken. He inspected his store and found that five cases of Richards Wild Irish Rose wine had been stolen. He identified the case of wine found in defendant’s possession as one of the cases stolen from his store. He did not give defendant or anyone else permission to enter his store.

Defendant testified on his own behalf that he was on his way to seek employment at a “day labor” service in the early morning hours of July 26, 1986, when he saw a man walking out of a gangway with boxes. That man placed the boxes on the sidewalk. When the man left, defendant picked up one of the boxes and walked away. When he walked into an alley, he was stopped by Detective Browne. Defendant admitted being caught with a case of wine but denied taking it from the store.

On cross-examination, defendant testified that he left his house, which was about two blocks from the liquor store, at 4:40 a.m. He further testified that he did not get a close look at the man who purportedly left the cases of wine on the sidewalk. Moreover, he stated that his hands were bleeding because he had been stabbed 30 times by two men at about 3 a.m., that same day.

At the conclusion of the evidence, the State proffered certified copies of defendant’s prior convictions, which revealed that defendant had two burglary convictions and had once been convicted of attempted burglary. The trial court found defendant guilty of burglary and sentenced him to six years’ imprisonment. Defendant appeals, contending that he was not proved guilty of burglary beyond a reasonable doubt since there was no evidence that the blood found at the store was his blood.

Generally, in cases involving exclusive possession of recently stolen property, the question of whether the State sustained its burden of proving defendant guilty depends on whether it was proper for the trier of fact to infer guilt from the defendant’s possession of recently stolen property. (People v. Mallette (1985), 131 Ill. App. 3d 67, 475 N.E.2d 237.) As articulated in People v. Housby (1981), 84 Ill. 2d 415, 420 N.E.2d 151, the inference is proper if the following three-part test is satisfied: (1) there is a rational connection between defendant’s possession of stolen property and his participation in the burglary; (2) his guilt of burglary is more likely than not to flow from his unexplained possession of burglary proceeds; and (3) there is evidence corroborating the defendant’s guilt. (People v. Housby (1981), 84 Ill. 2d 415, 424, 420 N.E.2d 151, 155.) The same evidence may be used to satisfy all three parts of the Housby test. People v. Klein (1983), 115 Ill. App. 3d 582, 450 N.E.2d 1268.

Our examination of the record reveals that all three parts of the Housby test were satisfied, and therefore, the inference of the defendant’s guilt by the trier of fact was proper.

The record discloses that there was a rational connection between defendant’s possession and his participation in the burglary. Although there is no evidence of the precise time at which the burglary occurred, the trial judge could have reasonably inferred that the burglary occurred moments before Detective Browne arrived at the store in view of Browne’s testimony that, at 5:30 a.m., he was responding to an alarm that a burglary was in progress at a store only one-half block away, and that the alarm was still being transmitted as he arrived at the store site. The short period of time it took Browne and his partner to get to the store, coupled with the close proximity of defendant to the store, supports that inference.

The record also discloses that once he arrived at the store, Browne remained seated in the squad car and immediately noticed that there had been forced entry into the store because a window had been smashed. Browne momentarily turned his head in a westerly direction and saw defendant carrying an object, subsequently found to be one of the cases of wine that had just been stolen from the liquor store. The defendant was only one-half block away from the store at this point. The short time span between the burglary, which can be inferred to have occurred shortly before the detectives arrived at the store, and the subsequent discovery of the burglary proceeds in defendant’s possession, coupled with the proximity of defendant to the burglarized store, sufficiently established a rational connection between defendant’s possession and his participation in the burglary.

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People v. Carter, 557 N.E.2d 299, 197 Ill. App. 3d 1043, 145 Ill. Dec. 529, 1990 Ill. App. LEXIS 620 (Ill. Ct. App. 1990).

557 N.E.2d 299 (People v. Carter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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