People v. Dotson

635 N.E.2d 559, 263 Ill. App. 3d 571, 200 Ill. Dec. 220, 1994 Ill. App. LEXIS 634
CourtAppellate Court of Illinois
DecidedMay 3, 1994
DocketNo. 1—92—0625
StatusPublished
Cited by5 cases

This text of 635 N.E.2d 559 (People v. Dotson) 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. Dotson, 635 N.E.2d 559, 263 Ill. App. 3d 571, 200 Ill. Dec. 220, 1994 Ill. App. LEXIS 634 (Ill. Ct. App. 1994).

Opinion

JUSTICE McCORMICK

delivered the opinion of the court:

After a bench trial, defendant was convicted of residential burglary of the home of Arlene Pierson and Alan Morrison and sentenced to five years’ imprisonment. Defendant contends that (1) he was not proved guilty beyond a reasonable doubt, where the sole evidence against him was fresh fingerprints found in the victims’ home; (2) the variance between the complainant named in the information and the evidence presented at trial did not fully apprise him of the charge against him, and thus, did not allow him to adequately prepare a defense to the charge; and (3) the trial court abused its discretion in refusing to grant defendant a one-day continuance of the trial in order to subpoena witnesses pursuant to section 114 — 4 of the Code of Criminal Procedure of 1963. (Ill. Rev. Stat. 1991, ch. 38, par. 114—4 (now 725 ILCS 5/114—4 (West 1992)).) We affirm.

In the early morning hours of April 19, 1991, the home of Arlene Pierson and Alan Morrison at 8020 South Normal Street, Chicago, Illinois, was burglarized. Various items of personal property were taken from the premises. A Chicago police department technician removed a pair of fresh fingerprints from some drinking glasses in the kitchen at the .scene of the burglary. Subsequently, it was determined that the fingerprints matched defendant’s.

On August 23, 1991, defendant was arrested and charged with the burglary.

Morrison, a handyman by day who worked as a driver for a livery service in the evening, testified at trial that he checked on his residence at 8020 South Normal Street at approximately 12:30 a.m. on April 19, 1991. Morrison, Pierson and their three children resided at this location. However, because a sexual assault had occurred there weeks earlier, Pierson and the children slept at her sister’s house, some blocks away.

When Morrison checked the house, nothing appeared unusual. He viewed the house from a distance of approximately 15 feet. No windows were broken and the burglar bars on the side and rear doors of the house were intact. Morrison had also been in the house earlier in the day, on April 18, 1991, and noticed nothing unusual. The 25-inch television, the VCR and the microwave on the countertop in the kitchen were in their normal positions. A coffee maker and a few dishes were on top of the microwave. The dishes were washed and there were drinking glasses drying on top of and around the microwave.

Pierson discovered that the residence had been burglarized and informed Morrison of this by telephone. Morrison arrived at the house at approximately 9 a.m. The basement door was unlocked, but the bars and lock on the front door were still intact. When Morrison unlocked the front door (which is actually a side entrance) he found the house in disarray and, in the kitchen, found that the drinking glasses had been moved aside, presumably to gain access to the microwave.

In May, the police showed Morrison a photograph of defendant. Morrison told the police that he did not know defendant but had seen him around the neighborhood.

Officer Alfred Pirolli, an evidence technician with the Chicago police department, testified that he dusted the items that the victims indicated had been moved for fingerprints. The latent fingerprints he removed from the drinking glasses were fairly fresh because the prints "came up readily” when dusted. On cross-examination, Pirolli testified that he got three "lifts” (latent fingerprints) off the drinking glasses. The glasses themselves were clean and dry. Even though the prints were fresh, Pirolli could not say exactly what time the prints were placed on the glasses.

Officer Thomas Krupowicz, a latent prints technician with the Chicago police department for 20 years, stated that in order to have a positive match for a fingerprint, 8 to 10 characteristics of the latent fingerprint must match a criminal suspect’s inked fingerprint impression. Krupowicz, comparing defendant’s inked prints to those lifted off the drinking glasses, found over 20. In Krupowicz’s expert opinion, the latent fingerprints lifted off the drinking glasses matched defendant’s inked fingerprint card.

The trial court found defendant guilty of residential burglary, determining that the evidence of crime was "overwhelming” and that there was the "unexplained presence of the defendant’s print[s] on the glass in the position where the microwave was removed.” Defendant’s motion for a new trial was denied.

Defendant’s first argument is that the fingerprint evidence was not sufficient to find defendant guilty of burglary beyond a reasonable doubt. Defendant contends that this is especially true where the State’s witnesses, Alan Morrison and Detective Spencer, were not credible witnesses.

The crime of burglary may be proven 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 and 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. Pintos (1989), 133 Ill. 2d 286, 291, 549 N.E.2d 344.

Fingerprint evidence is circumstantial evidence. In order to sustain a conviction based on such evidence, the fingerprints 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. People v. Rhodes (1981), 85 Ill. 2d 241, 249, 422 N.E.2d 605.

In the case at bar, defendant’s fresh fingerprints were found at the scene of the crime on drinking glasses that had previously rested on top of the victims’ microwave that was stolen in the burglary. The evidence showed that the crime occurred in the early morning hours of April 19, 1991, after the victim, Alan Morrison, drove by to check on his house. Morrison was not acquainted with defendant and did not invite him into his house. Defendant’s conviction for burglary based on the fingerprint evidence found here was based on the reasonable inference that the prints were impressed at the time of the commission of the offense.

Defendant’s contention that evidence did not show that the prints were impressed on April 19, 1991, rather than two or three days before, is without merit. In Rhodes, the officer who removed the latent prints from the scene of the crime, like Officer Pirolli in this case, was unable to say whether latent fingerprints, found on a piece of glass, were impressed on the day of the burglary. (Rhodes, 85 Ill. 2d at 248.) Our supreme court found nonetheless that where there was no question about the chain of custody and the print involved was fresh, the evidence indicated "that [the fingerprint] was more probably left at the time the offense was committed rather than at some other time.” Rhodes, 85 Ill. 2d at 250.

Likewise in the case at bar, there was no issue regarding the chain of custody of the fingerprint evidence. Officer Pirolli testified that when the glasses were dusted, the prints readily appeared.

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Cite This Page — Counsel Stack

Bluebook (online)
635 N.E.2d 559, 263 Ill. App. 3d 571, 200 Ill. Dec. 220, 1994 Ill. App. LEXIS 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dotson-illappct-1994.