People v. Loveless

417 N.E.2d 206, 93 Ill. App. 3d 293, 48 Ill. Dec. 804, 1981 Ill. App. LEXIS 2100
CourtAppellate Court of Illinois
DecidedFebruary 10, 1981
DocketNo. 80-441
StatusPublished

This text of 417 N.E.2d 206 (People v. Loveless) 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. Loveless, 417 N.E.2d 206, 93 Ill. App. 3d 293, 48 Ill. Dec. 804, 1981 Ill. App. LEXIS 2100 (Ill. Ct. App. 1981).

Opinion

Mr. PRESIDING JUSTICE SCOTT

delivered the opinion of the

court:

Following a jury trial, the defendant, Blake Loveless, was convicted of theft of property valued at more than $150 (Ill. Rev. Stat. 1979, ch. 38, par. 16 — 1(a)(1)). The trial court sentenced the defendant to a term of 3M years of imprisonment for the Class 3 felony. He appeals from his conviction alleging that he was not proved guilty of theft beyond a reasonable doubt because the State offered insufficient circumstantial evidence to prove the existence of an owner with a superior interest in the property. We disagree with the defendant and affirm his conviction.

At trial, the State first offered the testimony of Special Agent William Haley of the Illinois Department of Criminal Investigation. Haley testified that on November 6, 1979, after being approached by two of the defendant’s intermediaries (who were made co-defendants), he purchased from the defendant for $260 two Panasonic LTD television sets and two Pioneer stereophonic receivers. The four items had a retail value of $950. On that day, Haley worked undercover in the Peoria area, as he had for the previous two months. As Haley waited in an unmarked truck, Aaron Teamer and Brian Jones approached and spoke with Haley. Jones told Haley that the defendant had some goods that he wanted to sell to Haley. The two led Haley to Teamer’s house in Peoria. As they walked inside, Jones informed Haley that he had met with the defendant earlier that day and that the goods in question were stolen. Teamer also referred to the goods as “hot shit” (stolen property). Upon entering the house, Haley saw four boxes, two for television sets and two for stereo receivers, placed on the living room floor. The defendant, Eugene Fearns, and an unknown male stood in the kitchen. After Haley inspected two of the previously unopened boxes and found that the new goods contained therein matched the description on the box, he negotiated with Teamer and Jones a purchase price of $260. The defendant then approached Haley for the first time and declared that the merchandise belonged to him and that Haley should pay him. Haley paid the defendant who then left the house. Haley loaded the four boxes into his truck and departed.

The second State witness was Mary Bonner, the security manager for P. A. Bergner and Company (hereinafter Bergner), an Illinois corporation. Bonner had met with Haley about one week after the sale because the four boxes were stamped “Ship to P. A. Bergner.” He gave Bonner the serial numbers to the goods. Subsequent checking indicated that the goods were received by Bergner’s Pioneer Park warehouse sometime during the first week in November.

Bonner explained to the court the process by which Bergner distributes its home electronic equipment. The goods are first ordered from Klaus’, Bergner’s wholesaler. Klaus immediately stamps “Ship to P. A. Bergner” on those boxes ordered by the company. The items are then sent from Klaus’ to the Pioneer Park distribution center. After the goods are received the incoming shipping manifests are destroyed, the items are checked in undated according to serial number, and then they are marked with a stick tag. Once the tag is applied to the box it can only be removed by ripping the box. The warehouse then ships the marked boxes to a Bergner retail outlet on one of the firm’s trucks. Bergner retains the records of shipments to its retail outlets. Customers are not permitted to pick up merchandise at the warehouse nor are Bergner employees authorized to remove any merchandise from the warehouse.

At trial, Bonner inspected the four boxes that contained the two television sets and two stereo receivers. Each was stamped with the legend “Ship to P. A. Bergner.” None of the boxes had a mark where a stick tag had been pulled off. Bergner’s records indicated that at some time during the first week of November 1979, it received and paid for a shipment of merchandise bearing the same serial numbers as the goods sold to Haley. Klaus’ records corroborated that fact. She also stated that there was no record of the merchandise being dispatched from Pioneer Park to a retail outlet. Bonner therefore concluded that the goods were stolen from the Pioneer Park warehouse before they reached the marking room. She could not, however, identify the date of the theft, because the shipping receipts from Klaus’ were destroyed, and the check-in procedure did not indicate the date of receipt. She also admitted that Bergner was unaware that the four items were missing until after her meeting with Haley.

The defendant was the only defense witness. He testified that he, Jones, Teamer, and Fearns arranged the sale of the goods that were owned by a man named Renaldo. The defendant admitted that he received the $260 from Haley, but he immediately handed the money to Renaldo. The defendant denied stealing the property or ever seeing it before he entered Teamer’s house on November 6. He also denied having any previous transactions with Haley. On rebuttal, the State introduced Haley’s testimony that on October 29, 1979, the defendant sold him a microwave oven which was concealed in a trunk of a car occupied by the defendant, Jones, and Fearns. The State also introduced the defendant’s two prior convictions for impeachment purposes.

The jury returned a guilty verdict. Following a sentencing hearing, the trial court sentenced the defendant to a term of 3*2 years of imprisonment.

In order to prove the offense of theft the State must only show that someone other than the accused held an interest in the allegedly stolen property (Ill. Rev. Stat. 1979, ch. 38, par. 15 — 2) and that the accused obtained or exerted unauthorized control over that property with the intent to permanently deprive the owner of its use or benefit. (Ill. Rev. Stat. 1979, ch. 38, par. 16 — 1(a)(1); In re W. S. (1980), 81 Ill. 2d 252, 408 N.E.2d 718.) The proof of a superior property interest and the exertion of unauthorized control may be established by circumstantial as well as direct evidence. (People v. Bernette (1964), 30 Ill. 2d 359, 197 N.E.2d 436.) When proof of these elements is in dispute, the jury must determine the credibility of the witnesses and the weight to be accorded their testimony. A reviewing court will not disturb the jury’s determination of guilt unless the record indicates “too many hypotheses consistent with [the defendant’s] innocence” such as to raise a reasonable doubt of his guilt. People v. Joy (1976), 44 Ill. App. 3d 349, 352, 358 N.E.2d 101, 103.

In the case at bar we find that the record contains more than a sufficient quantum of evidence, albeit circumstantial, for the jury to have found that the four items sold to Haley were stolen from Bergner and that the defendant, by selling them, exercised unauthorized control over that property. We cannot agree with the defendant’s contention that Bergner did not have a superior interest in the property. Bonner’s uncontroverted testimony regarding Bergner’s established business practices clearly demonstrated that the boxes containing the missing merchandise were checked in according to serial number at its warehouse and that Bergner paid for the shipment.

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Related

People v. Joy
358 N.E.2d 101 (Appellate Court of Illinois, 1976)
People v. Cowan
364 N.E.2d 362 (Appellate Court of Illinois, 1977)
The People v. Bernette
197 N.E.2d 436 (Illinois Supreme Court, 1964)
People v. Thruman
367 N.E.2d 379 (Appellate Court of Illinois, 1977)
The People v. Betts
11 N.E.2d 942 (Illinois Supreme Court, 1937)
People v. Maruda
145 N.E. 696 (Illinois Supreme Court, 1924)
In re W. S.
408 N.E.2d 718 (Illinois Supreme Court, 1980)

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Bluebook (online)
417 N.E.2d 206, 93 Ill. App. 3d 293, 48 Ill. Dec. 804, 1981 Ill. App. LEXIS 2100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-loveless-illappct-1981.