People v. Garmon

916 N.E.2d 1191, 334 Ill. Dec. 303, 394 Ill. App. 3d 977, 2009 Ill. App. LEXIS 948
CourtAppellate Court of Illinois
DecidedSeptember 30, 2009
Docket1-07-2892
StatusPublished
Cited by16 cases

This text of 916 N.E.2d 1191 (People v. Garmon) 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. Garmon, 916 N.E.2d 1191, 334 Ill. Dec. 303, 394 Ill. App. 3d 977, 2009 Ill. App. LEXIS 948 (Ill. Ct. App. 2009).

Opinion

PRESIDING JUSTICE TOOMIN

delivered the opinion of the court:

In this matter of first impression, we determine the quantum of evidence necessary to sustain a charge of receiving stolen property based upon a law enforcement officer’s “explicit representation” that the property was stolen. Following a bench trial, defendant William Garmon was convicted of theft and sentenced to a term of 24 months’ probation. On appeal, he asserts that (1) the evidence was insufficient to establish the requisite knowledge that the property he purchased was stolen; and (2) he was denied the effective assistance of counsel. For the following reasons, we affirm the judgment of the circuit court.

BACKGROUND

In August 2005, William Garmon and his wife Rose opened the Mega-Video Store at 5224 West North Avenue in Chicago. The store sold videos and cell phones. At that time, defendant was also a homicide investigator employed by the Cook County public defender’s office. Rose Garmon had worked in the cellular phone business for over seven years and also worked at the store. According to defendant, they only purchased new phones to sell in their store because, “There’s nothing I can do with the phone that’s stolen, that’s reported stolen, or has a large balance on it.” Much of the merchandise was purchased from distributors, debit collections, store closing sales, estate sales or Ebay.

In November 2005, Target loss prevention team members suspected that Mega-Video was purchasing stolen cell phones and contacted Investigator Foster Bradley of the Cook County sheriff’s department to assist in their investigation. Bradley’s assignment contemplated that he would work in an undercover capacity to determine whether Mega-Video would purchase stolen merchandise. Target provided new Boost phones that were “packaged” just like they came off the shelf in the store, sealed in the plastic container with the serial numbers and security tags attached.

On November 2, 2005, Investigator Bradley entered Mega-Video with a Boost mobile phone contained in a plastic bag. He approached defendant and asked if he would like to purchase the phone. After inspecting the item, defendant went to his computer to verify that the phone was not stolen. Following verification, defendant agreed to pay $35 for the phone. Although the retail value of the phone was $79.99, Bradley noticed that defendant was selling the same model of Boost phone for $99.

On November 5, 2005, Bradley returned to Mega-Video in his undercover capacity with Boost i450 and i835 phones. After some negotiations, defendant paid Bradley $60 for both phones; the retail value of each phone was $79.99 and $179.99, respectively. When Bradley asked defendant what other items he would be interested in buying, defendant asked him to get “the newest Boost camera phone.”

In February 2006, Chicago police detective Milrod Sofrenovic became involved in the investigation. After learning that it had been awhile since Bradley had visited Mega-Video, Sofrenovic decided they should “freshen it with some new sales.” Accordingly, on February 21, 2006, Bradley returned to Mega-Video with cell phones that were sealed with security stickers. Negotiations ensued as before and defendant then purchased the phones for $75, the total retail value of which was $199. Again, on March 3, 2006, Bradley revisited Mega-Video with two phones that had “security tags” on them; the kind that could only be removed by store employees at the time of purchase. Although defendant paid Bradley a total of $30 for both phones, the retail value was normally $59.99.

The final transaction occurred on March 31, 2006. On that occasion, Bradley entered Mega-Video with 10 Boost phones that were newly packaged with serial numbers and security tags on the items. Bradley testified that during the meeting he told defendant that “I almost got caught twice taking them,” to which defendant replied, “Oh, you have been back to Target, ha.” Additionally, defendant stated, “I am going to have to tell my son that works at Target to watch out for you.” After inspecting the merchandise, defendant paid Bradley $200 for the lot, the total retail value of which was $619.90. Upon leaving the store, Bradley met with Sofrenovic and an agent of Target and informed them of what had occurred, including his conversation with the defendant. The team then returned to the store and arrested the defendant.

Defendant and his wife testified that during all four prior occasions preceding his arrest, he attempted to determine whether the phones had been stolen. According to Rose Garmon, by using the serial number one can either call the cell phone company or check online to verify that the phones had not been reported stolen. However, Detective Sofrenovic denied that civilians can call a number to determine whether a phone is stolen. Defendant also testified that he told Bradley he would not purchase stolen phones because they were not usable. According to defendant, a cell phone that is reported lost or stolen is locked and cannot be activated. Defendant acknowledged that he purchased all of the phones offered by Bradley at well below retail price. However, distributors generally sell the phones for much less than the retail price because retail markup on these phones is substantial.

At the close of the evidence, the court found the defendant guilty of knowingly obtaining property in the custody of a law enforcement agency which was “explicitly represented” to him by a law enforcement officer as stolen. Following the denial of posttrial motions, the court sentenced defendant to 24 months’ probation together with applicable fees and fines. Defendant now appeals.

ANALYSIS

As noted, defendant asserts the State’s evidence was insufficient to prove him guilty beyond a reasonable doubt and that he was denied effective assistance of trial counsel.

The fundamental principle has long obtained that “no person shall be made to suffer the onus of a criminal conviction except upon sufficient proof — defined as evidence necessary to convince a trier of fact beyond a reasonable doubt of the existence of every element of the offense.” Jackson v. Virginia, 443 U.S. 307, 316, 61 L. Ed. 2d 560, 571, 99 S. Ct. 2781, 2787 (1979). The standard of review on a challenge to the sufficiency of the evidence is whether, “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Emphasis omitted.) Jackson, 443 U.S. at 319, 61 L. Ed. 2d at 573, 99 S. Ct. at 2789; People v. Ward, 215 Ill. 2d 317, 322, 830 N.E.2d 556, 559 (2005). Under this standard, the reviewing court does not retry the defendant. People v. Ross, 229 Ill. 2d 255, 272, 891 N.E.2d 865, 876 (2008). Rather, it is the function of the trier of fact to assess the credibility of the witnesses, to determine the appropriate weight of testimony, and to resolve conflicts or inconsistencies in the evidence. People v. Evans, 209 Ill. 2d 194, 211, 808 N.E.2d 939, 949 (2004); People v. Hostetter, 384 Ill. App. 3d 700, 711, 893 N.E.2d 313, 322 (2008).

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Cite This Page — Counsel Stack

Bluebook (online)
916 N.E.2d 1191, 334 Ill. Dec. 303, 394 Ill. App. 3d 977, 2009 Ill. App. LEXIS 948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garmon-illappct-2009.