People v. Grever

856 N.E.2d 378, 222 Ill. 2d 321, 305 Ill. Dec. 573, 2006 Ill. LEXIS 1084
CourtIllinois Supreme Court
DecidedJune 2, 2006
Docket99930, 99945 cons.
StatusPublished
Cited by39 cases

This text of 856 N.E.2d 378 (People v. Grever) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Grever, 856 N.E.2d 378, 222 Ill. 2d 321, 305 Ill. Dec. 573, 2006 Ill. LEXIS 1084 (Ill. 2006).

Opinion

JUSTICE KILBRIDE

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Freeman, McMorrow, Fitzgerald, Garman, and Karmeier concurred in the judgment and opinion.

OPINION

Defendant, Robert Grever, is a former township supervisor of Ela Township, Lake County. Defendant was found guilty of 12 counts of official misconduct (720 ILCS 5/33 — 3(a), (c) (West 1998)), for his failure to report amounts his wife owed to the township for his mother-in-law’s care at the county nursing home.

Defendant was charged by indictment in the circuit court of Lake County with multiple counts of official misconduct. Following a bench trial, defendant was found guilty of all charges. The appellate court reversed five and affirmed three of the convictions. 353 Ill. App. 3d 736.

The State and defendant filed petitions for leave to appeal. This court allowed each petition and consolidated the two. 177 Ill. 2d R. 315. The central, overarching issue in this appeal is whether the indictment was sufficient to state a charge of official misconduct for these convictions. We now affirm in part and reverse in part.

BACKGROUND

On February 13, 2002, defendant was charged by indictment with 12 counts of official misconduct. The first six counts pertained to a different year from 1993 through 1998, and charged that defendant, while acting in his official capacity as the Ela Township supervisor:

“intentionally failed to perform a mandatory act, in that he failed to inform the Ela Township Board of [i]ndebtedness of Mae Chvojka and Ruth Grever to the Winchester House paid for by Ela Township within 30 days of the annual township meeting as required by [60 ILCS 1/70— 15(c)(v)], in violation of 720 ILCS 5/22 — 3(a) ***.”

Counts VII, VIII, and IX of the indictment each referenced a different person who benefitted from defendant’s alleged official misconduct and charged that defendant:

“with the intent to obtain a personal benefit for [Mae Chvojka (count VII), Ruth Grever (count VIII), and Robert Grever (count IX)] performed acts in excess of his lawful authority, in a series of acts designed to promote a single intent, he submitted bills to the Ela Township Board for payment by the township for the stay of Mae Chvojka at the Winchester House despite the fact that neither Mae Chvojka, nor any representative on her behalf [was] reimbursing the township as required by Ela Township, in violation of 720 ILCS 5/33 — 3(c) ***.”

Counts X, XI, and XII of the indictment each pertained to a different person who benefitted from defendant’s alleged official misconduct from 1992 through 1998, and charged that defendant:

“with the intent to obtain a personal benefit to [Mae Chvojka (count X), Ruth Grever (count XI), Robert Grever (count XII)], performed acts in excess of his official authority in a series of acts designed to promote a single intent, in that he concealed the existence of a debt owed by his wife, Ruth Grever, and her mother, Mae Chvojka, to Ela Township and withheld collection action regarding said debt, in violation of 720 ILCS 5/33 — 3(c) ***.”

Defendant’s motion to dismiss the indictment on statute of limitations grounds was denied. Following a bench trial, defendant was found guilty on all 12 counts charged in the indictment. Defendant’s posttrial motions, including a motion in arrest of judgment, were denied. Counts VIII, IX, XI, and XII of the indictment were merged with counts VII and X, and convictions were entered on counts I through VI, VII, and X of the indictment.

The appellate court reversed the convictions for counts I, II, and III, finding them to be outside the statute of limitations, and reversed the conviction for count VII, finding it failed to state an offense, and further concluding that the State failed to prove defendant guilty beyond a reasonable doubt. The appellate court also reversed the conviction for count X, noting that count X failed to state an offense, and determining that the State failed to prove defendant guilty beyond a reasonable doubt. The appellate court affirmed the convictions for counts IV¡ V and VI. 353 Ill. App. 3d 736.

The State filed a petition for leave to appeal the reversal of counts VII and X, and defendant filed a petition for leave to appeal the affirmance of counts V, and VI. This court allowed each petition and consolidated the two. 177 Ill. 2d R. 315.

ANALYSIS

In a posttrial motion in arrest of judgment, defendant argued that the indictment was insufficient to state a charge of official misconduct. Defendant appeals the appellate court’s affirming the denial of his motion in arrest of judgment on counts IX X and VI. The State appeals the appellate court’s reversal of the trial court’s denial of defendant’s motion in arrest of judgment on counts VII and X.

The United States Constitution and the Illinois Constitution afford criminal defendants the right to be informed of “the nature and cause” of the accusations against them. U.S. Const., amend. VI; Ill. Const. 1970, art. I, § 8. Further, section Ill — 3 of the Code of Criminal Procedure of 1963 requires that a charging instrument set forth “the nature and elements of the offense charged.” 725 ILCS 5/111 — 3(a)(3) (West 1998). A motion in arrest of judgment must be granted by the trial court when the indictment does not set forth the elements of an offense. 725 ILCS 5/116 — 2(b)(1) (West 1998); People v. Lutz, 73 Ill. 2d 204, 209 (1978). We must, therefore, determine whether counts IX X VI, VII, and X of the indictment charge offenses punishable by the criminal law of the State of Illinois.

I. Defendant’s Appeal

Defendant stands convicted of three counts of official misconduct for failing to include the indebtedness of his wife for his mother-in-law’s nursing home services paid by Ela Township in his annual statement of the township’s financial affairs. Counts IX X and VI of the indictment charged violations of subsection (a) of the official misconduct statute, requiring proof that defendant, in his official capacity, intentionally or recklessly failed to perform a mandatory duty as required by law. 720 ILCS 5/33 — 3(a) (West 1998).

Section 70 — 15(c) of the Township Code (Code) (60 ILCS 1/70 — 15(c) (West 1998)) requires the supervisor to file with the township clerk an annual statement of the township’s financial affairs showing:

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Cite This Page — Counsel Stack

Bluebook (online)
856 N.E.2d 378, 222 Ill. 2d 321, 305 Ill. Dec. 573, 2006 Ill. LEXIS 1084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grever-ill-2006.