People v. Cole

628 N.E.2d 713, 256 Ill. App. 3d 1, 195 Ill. Dec. 249, 1993 Ill. App. LEXIS 2104
Appellate Court of Illinois·Decided December 14, 1993·No. 1-91-2711·Published·Cited by 9 cases

Opinion

PRESIDING JUSTICE McCORMICK

delivered the opinion of the court:

Following a jury trial, defendant Andre Cole was found guilty of burglary and sentenced as a Class X offender to 16 years in the Illinois Department of Corrections. Defendant appeals from his conviction and sentence, contending that: (1) he was not proved guilty beyond a reasonable doubt of burglary; (2) the trial court erred by failing to tender a jury instruction on criminal trespass to a vehicle; (3) the prosecutor’s closing arguments misstated the law, unreasonably prejudiced defendant and denied him the right to a fair trial; and (4) the State failed to give defendant notice of the State’s intention to seek an enhanced sentence. We affirm defendant’s conviction and sentence for the reasons stated below.

The victim, James O’Donnell, owned a 1983 Oldsmobile Cutlass motor vehicle. On November 1, 1990, O’Donnell parked the vehicle on the driveway of his home, rolled up the windows and locked the doors. When O’Donnell returned to the vehicle the following morning, he discovered that the driver’s side door was unlocked and the casing for the steering column was cracked off. The police were notified, and they lifted two sets of latent fingerprints and a partial palmprint from inside the driver’s window. These prints were identified as belonging to defendant. O’Donnell did not know defendant and did not give anyone permission to enter his car between the time he parked and the time he discovered the damage.

Defendant initially contends that he was not proved guilty beyond a reasonable doubt of burglary in that the State failed to establish that his prints were placed inside the victim’s car at the time of the offense. To convict a defendant of burglary, the State must prove that the defendant, knowingly and without authority, entered the victim’s motor vehicle with the intent to commit a felony or theft therein. (Ill. Rev. Stat. 1989, ch. 38, par. 19 — 1(a).) The crime of burglary can be proved by circumstantial evidence. (People v. Richardson (1984), 104 Ill. 2d 8, 13, 470 N.E.2d 1024.) Circumstantial evidence is generally sufficient to support a conviction if it is inconsistent with any reasonable hypothesis of innocence, but the trier of fact need not search out all possible explanations consistent with innocence and raise them to a level of reasonable doubt. (People v. Rhodes (1981), 85 Ill. 2d 241, 249, 422 N.E.2d 605.) To sustain a conviction based on fingerprint evidence, fingerprints corresponding to the fingerprints of the defendant must have been found in the immediate vicinity of the crime under such circumstances as to establish beyond a reasonable doubt that the fingerprints were impressed at the time the crime was committed. Rhodes, 85 Ill. 2d at 249.

The instant case is similar to Rhodes, where the defendant was also convicted of burglary. At trial, the victim in Rhodes testified that he left his house early one morning. The house was fairly neat and the doors and windows were closed and locked. When he returned home later that day, he discovered that his back door was open and that a back door window and a porch door window had been broken. The victim testified that he did not know the defendant and did not give defendant or anyone else permission to enter his home. A police officer lifted two fingerprints from a glass fragment. The prints found at the scene were found to be the defendant’s therein. The jury found the defendant guilty of burglary. Upon reviewing the case, our supreme court affirmed the conviction concluding that the evidence presented at trial excluded any reasonable theory of innocence. The evidence led the court to conclude that the defendant’s fingerprint was left at the time of the commission of the crime. Rhodes, 85 Ill. 2d at 250.

In the case at bar, O’Donnell secured his vehicle and did not authorize anyone to enter. When he returned, the vehicle was unlocked, the steering column damaged and defendant’s finger and palmprints were lifted from an inside window of the vehicle. O’Donnell did not know defendant. From this evidence the trial court reasonably inferred that the prints were left by defendant at the time of the commission of the burglary. Defendant’s contention that he was not found guilty of burglary beyond a reasonable doubt is unfounded in light of the reasonable inference that his prints were impressed on the vehicle at the time of the offense.

Defendant contends that the trial court erred by refusing to give jury instructions on the crime of criminal trespass to a vehicle, a lesser-included offense of burglary. (People v. Dandridge (1981), 98 Ill. App. 3d 1021, 1027, 424 N.E.2d 1262.) A lesser-included offense instruction is proper where the evidence would permit a jury to rationally find a defendant guilty of the lesser-included offense and acquit him of the greater offense. A jury may rationally find a defendant guilty of only the lesser-included offense where the greater offense includes a disputed factual element whose determination is not necessary for a conviction of the lesser-included offense. People v. Castro (1989), 190 Ill. App. 3d 227, 234-35, 546 N.E.2d 662.

As previously stated, to prove burglary of an automobile, the State must prove that defendant without authority, knowingly entered a "motor vehicle *** with intent to commit therein a felony or theft.” (Ill. Rev. Stat. 1989, ch. 38, par. 19 — 1(a).) To prove criminal trespass to a vehicle, the State must show that defendant "knowingly and without authority enter[ed] *** any vehicle” of another. (Ill. Rev. Stat. 1989, ch. 38, par. 21 — 2.) The intent to commit a theft is the element that distinguishes the offense of burglary from criminal trespass to a vehicle.

The damage to the vehicle’s steering column is consistent with a reasonable inference that the damage occurred as the result of an attempted theft. An alternative method of starting a motor vehicle without a key is to access the starting mechanism in the steering column. Breaking the casing of the steering column is necessary to gain access.

The facts of this case are distinguishable from those instances where the damage to a vehicle is sporadic vandalism such as broken windows, slashed tires or random dents. No inference of an intent to commit a theft is derived from the mere fact that a vehicle is intentionally damaged.

However, where the damage occurs without authority and is directed in a way to start the vehicle without a key, an inference of theft is justified. The evidence supports the factual findings that defendant, without authority, knowingly entered the victim’s vehicle with intent to commit a theft. No trier of fact could rationally find defendant guilty of criminal trespass to a vehicle, but not guilty of burglary. The trial court’s refusal to give an instruction on the lesser-included offense of criminal trespass to a vehicle was correct.

Defendant further contends that the prosecutor’s closing argument misstated the law and thereby denied him a fair trial.

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People v. Cole, 628 N.E.2d 713, 256 Ill. App. 3d 1, 195 Ill. Dec. 249, 1993 Ill. App. LEXIS 2104 (Ill. Ct. App. 1993).

628 N.E.2d 713 (People v. Cole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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