People v. Chirchirillo

913 N.E.2d 635, 393 Ill. App. 3d 916, 332 Ill. Dec. 703, 2009 Ill. App. LEXIS 731
CourtAppellate Court of Illinois
DecidedJuly 31, 2009
Docket2-07-1102
StatusPublished
Cited by36 cases

This text of 913 N.E.2d 635 (People v. Chirchirillo) 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. Chirchirillo, 913 N.E.2d 635, 393 Ill. App. 3d 916, 332 Ill. Dec. 703, 2009 Ill. App. LEXIS 731 (Ill. Ct. App. 2009).

Opinion

JUSTICE HUDSON

delivered the opinion of the court:

At a bench trial, the State claimed that defendant, Anna M. Chirchirillo, was accountable for the acts of her codefendant when defendant helped her codefendant break into a home and steal a firearm. At no time during the trial did the State establish that the codefendant was a convicted felon. However, the State did prove that defendant was. The court found defendant guilty of residential burglary (720 ILCS 5/19 — 3(a) (West 2006)) and unlawful possession of a weapon by a felon (720 ILCS 5/24 — 1.1(a) (West 2006)) under an accountability theory and sentenced her to concurrent prison terms of 11 years for residential burglary and 3 years for unlawful possession of a weapon by a felon. In imposing the sentences, the court determined that an 11-year sentence for residential burglary was proper because the stolen gun most likely would be used to kill or harm someone. Following the denial of her posttrial motion, defendant appealed, arguing that (1) she was not proved guilty beyond a reasonable doubt of unlawful possession of a weapon by a felon and (2) her 11-year sentence for residential burglary is excessive. We affirm in part and reverse and vacate in part.

The relevant evidence presented at trial consisted of the following. Rich Schrock testified that his home was broken into on April 18, 2006. After making this discovery, Schrock searched his home to discover what, if anything, was stolen. Schrock learned that the .357 Smith and Wesson that he kept in the headboard of his bed in his locked bedroom was missing. Schrock stated that the only people who knew about his gun were his two daughters, one of whom was named Tiffany. His daughters did not have keys to his house and were not given permission to enter his home. Schrock stated that, as of the time of trial, his gun had not been recovered.

Officer Jeff Blake testified that he processed the crime scene at Schrock’s home. During his investigation, he discovered latent fingerprints on the inside and outside of the storm window that covered the window in Schrock’s bedroom. Officer Blake, who was familiar with Tiffany, did not believe that she could have broken into Schrock’s home through that window, because the window opened only 14 inches and Tiffany was too large to fit through that opening.

Following his investigation, Officer Blake removed the storm window and submitted it to the crime lab along with Tiffany’s and defendant’s fingerprint cards. Officer Blake stated that he decided to forward defendant’s fingerprint card to the crime lab because Tiffany and defendant were often together, and thus he believed that, if Tiffany were involved in the burglary of her father’s home, defendant might also be. Based on the fingerprint analysis that Officer Blake received from the crime lab, he decided to interview defendant.

Although defendant initially denied any involvement in the crimes, she later indicated, only after Officer Blake told her that 5 of the 17 fingerprints found on the storm window were positively identified as belonging to her, that she helped Tiffany gain access to Schrock’s home. In her statement, defendant indicated that on April 18, 2006, she, Tiffany, and two other people were discussing what they could do to get money to buy drugs. During that conversation, Tiffany informed the group that Schrock kept a gun in his home and that they could steal the gun and sell or trade it for drugs. The group then drove to Schrock’s home, where defendant crawled through Schrock’s bedroom window, unlocked Schrock’s bedroom and front doors, and let Tiffany into Schrock’s house. Once Tiffany was inside Schrock’s home, she immediately went to the headboard of Schrock’s bed, removed the gun he kept there, and put the gun in her waistband. Defendant and Tiffany returned to the car, and everyone but defendant went to see a man named “Crazy” about trading or selling the gun for drugs.

Later, defendant modified her statement, saying that Tiffany put the gun in her shirt and that Crazy said that he would scratch off the serial number on the gun so that it could not be traced. After the police confronted her, defendant again altered her statement, indicating that she lied when she said that she did not accompany her friends to see Crazy. Defendant explained that she went with her friends to Aurora to see Crazy and that they traded the weapon for drugs.

The State then submitted proof that defendant was a convicted felon. Defendant had been convicted of three counts of deceptive practices, which is a Class 4 felony (720 ILCS 5/17 — 1(B) (d) (West 2004)). At no time did the State submit any proof that Tiffany was a convicted felon.

During closing arguments, the State argued that defendant was guilty of both unlawful possession of a weapon by a felon and residential burglary under an accountability theory. The trial court found defendant guilty of both offenses. In making that decision, the court stated:

“[T]he one question that kind of stuck a little bit was the question of the accountability concept as it applies to the possession of the weapon as a felony charge. Hence my specific question, I don’t think anybody was trying to argue that [defendant was] accountable for some other felon’s possession of a weapon. It’s a theory that the accountability concept applies to the possession element of possession of weapons by a felon. I find the State’s argument with regard to — it’s like a drug transaction where someone motivates — or to use the words in the accountability statute, with the intent to promote or facilitate the commission of an offense they knowingly solicit, aid, abet, agrees to aid or attempts to aid the other person in the planning or commission of an offense. And specifically where somebody prompts someone else to do drug transactions so they don’t have to touch the item, that doesn’t mean that they’re not guilty of this offense. And that concept, I think, does apply in this case. I think that when [defendant] was involved in this situation and before they went over to the house, they knew exactly why they were going into the house, she knew at that time she was [a] felon, she knew what kind of risks were involved. Even though she didn’t have her hands on the gun, the theory that we’re talking about in terms of accountability where she at least at a minimum aided and abetted in that concept applies.”

The relevant testimony presented at the sentencing hearing revealed the following. Robert Enlow, defendant’s former probation officer, testified that defendant did not comply with the terms of her probation. For instance, defendant never sought treatment for her addiction. Defendant, who was homeless, also would he about where she was living and would associate with people with whom she was court-ordered not to have contact.

Defendant testified that she was 21 years old, that she had a 6-year-old son who was living with his grandmother, that she desired treatment for her addiction, that she would like to go to school to become a certified nurse’s assistant, and that she was willing to compensate Schrock for the loss of his gun.

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Cite This Page — Counsel Stack

Bluebook (online)
913 N.E.2d 635, 393 Ill. App. 3d 916, 332 Ill. Dec. 703, 2009 Ill. App. LEXIS 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chirchirillo-illappct-2009.