People v. Kunze

550 N.E.2d 284, 193 Ill. App. 3d 708, 140 Ill. Dec. 648, 1990 Ill. App. LEXIS 189
CourtAppellate Court of Illinois
DecidedFebruary 15, 1990
Docket4-89-0080
StatusPublished
Cited by99 cases

This text of 550 N.E.2d 284 (People v. Kunze) 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. Kunze, 550 N.E.2d 284, 193 Ill. App. 3d 708, 140 Ill. Dec. 648, 1990 Ill. App. LEXIS 189 (Ill. Ct. App. 1990).

Opinions

JUSTICE SPITZ

delivered the opinion of the court:

Kunze, along with two codefendants, Phillip Finklea and Richard DiBartolomeo, was found guilty of residential burglary after a jury trial. He appeals, arguing (1) the State did not establish his guilt beyond a reasonable doubt, (2) the State violated a discovery order by failing to provide him with certified copies of his prior convictions which were subsequently used to impeach him, (3) his counsel failed to adequately investigate his criminal record, (4) his counsel incompetently advised him to testify, and (5) in imposing sentence, the trial judge improperly relied upon the mistaken belief that Kunze qualified for an extended-term sentence.

I. THE EVIDENCE

Kunze was charged with residential burglary of the home of Barbara and Gerald Reedy, located in a rural area of Moultrie County near Lovington. The Reedys discovered the burglary when they returned home from church on the morning of September 25, 1988. Barbara Reedy testified that on that date, the family left for church about 9:15 or 9:20 a.m. Both the front and back doors of their home were locked when they left for church. When the family returned home at approximately 10:45 or 10:50 a.m., Mrs. Reedy observed that the back door was unlocked and the front door was open. Mrs. Reedy further observed that several items on her dresser, particularly a jewelry box, had been moved. Nothing, however, was missing from the jewelry box. Subsequently, on September 28, 1988, Mrs. Reedy discovered that a screen in a utility room of the family’s residence had been pushed out of its track. She stated that the family kept duplicate sets of keys to their home on a ledge beneath the window which had contained the displaced screen.

Gerald Reedy corroborated his wife’s testimony as to the time of day his family left for and returned from church. After Mrs. Reedy informed him that the jewelry box on her dresser had been moved, he checked a file cabinet in which he kept some money in a brown envelope. Mr. Reedy discovered that both the brown envelope and the money were missing. According to Mr. Reedy’s testimony, the envelope had contained approximately $388 to $408. Included among the currency in the envelope was one $100 bill and two $50 bills. Upon discovering the missing money, Mr. Reedy called the sheriff.

Shortly thereafter, Mr. Reedy heard a “motor noise.” He went outside and discovered a car sticking out of his 60-acre cornfield, which was subsequently identified as a vehicle belonging to defendant Finklea. The vehicle was located west of the Reedy farmhouse on the same side of the road as the farmhouse. Upon approaching the car, Mr. Reedy saw an individual dodge into the cornfield when the individual saw Mr. Reedy. Reedy then took the coil wire off of the car’s motor in order to render it inoperable.

Mr. Reedy further testified that he informed a deputy sheriff of the events which had previously transpired and then drove south on the road which fronts the west side of the tract of land containing his 60-acre cornfield. While doing this, he met Willis Bolsen, a neighboring farmer who lives on the same side of the road as the Reedy family. After he came upon Mr. Bolsen, Mr. Reedy saw two heads bob up in the cornfield.

Upon returning to his residence and making a further inspection thereof at the request of the deputy sheriff, Mr. Reedy discovered that one of three sets of keys to the house, which were usually on the shelf in the utility room, was missing. Mr. Reedy testified that this set of keys was never recovered. Mr. Reedy further testified that the corn in the 60-acre cornfield was harvested on September 26 and 27, and that on September 28, he discovered a $5 bill in the soil at the southwest corner of that field. He placed a small red flag by the $5 bill and reported his discovery to the sheriff’s department.

Willis Bolsen testified that on the morning of September 25, 1988, an automobile, which was subsequently identified as Finklea’s car, slowed down in front of his house while he was filling grain bins. Bolsen noticed one of the occupants looking at him for quite a while. Bolsen stated that he thought this occurred about 10 or 10:15 a.m., but he could not be sure because he was not wearing a watch and he was very busy working at the time. Later that same morning, after Reedy had told Bolsen the details of the burglary of Reedy’s home, Bolsen spotted two individuals in Reedy’s 60-acre cornfield. Bolsen unsuccessfully attempted to persuade them to come out of the field.

Deputy Jeff Thomas described the circumstances of the arrest of Kunze and his two codefendants. Upon arriving at the Reedy farm in response to Reedy’s call, Thomas requested the assistance of other law enforcement officers. Eventually the 60-acre Reedy cornfield was surrounded by several law enforcement officers, but Kunze and his two companions did not come out of the field. Consequently, Thomas summoned a State police airplane, and the three defendants were spotted by the airplane lying down between the corn rows in the northwestern part of the field. Thomas and two other law enforcement officers were directed by messages from the plane to search that area of the field, where they eventually arrested the defendants.

Thomas testified that a 100-foot path of knocked-down corn ran south from the point where Finklea’s vehicle was discovered. The stalks were lying in a northerly direction. The area of knocked-down corn extended to the east to where the Finklea vehicle apparently entered the field. The point of entry was adjacent to a field road which ran south from the public road on which the Reedy farm was located, adjacent to an oat field.

In the area of knocked-down corn which ran to the east, the corn stalks were at varied angles, as if they had been “driven over in a couple of different directions.” East of the area of the knocked-down corn which ran north and south, there were about four rows of standing corn, four rows of harvested corn, and the field road. Thomas and the other law enforcement officers on the scene discovered a path consisting of indefinite footprints extending from the area of knocked-down corn through the freshly planted oat field to a shop building on the curtilage of the Reedy residence. The footprints could not be followed beyond the shop building.

Thomas further testified that on the date of the arrest of Kunze and his codefendants, a search of the Reedy farm for the missing set of keys and the missing envelope which contained the Reedys’ cash proved fruitless. However, when Kunze was being booked, Thomas discovered $214 in cash in his wallet, consisting of one $100 bill, two $50 bills, and several smaller bills. Kunze told Thomas that he was given the money on the preceding Friday by his sister to make a house payment.

Thomas also testified about a statement which Finklea made while in custody on September 25, 1988. Finklea told Thomas that he, DiBartolomeo, and Kunze went to the Reedy residence “for revenge,” specifically to get back at Gerald Reedy for pressing charges against his son, Chris Reedy, as a result of a burglary at Gerald Reedy’s farm.

Finklea also told Thomas that, as they drove through the Reedy cornfield, the radiator of his car came loose. Because of this, he got out of his vehicle and walked to the road.

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Cite This Page — Counsel Stack

Bluebook (online)
550 N.E.2d 284, 193 Ill. App. 3d 708, 140 Ill. Dec. 648, 1990 Ill. App. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kunze-illappct-1990.