People v. McManus

555 N.E.2d 391, 197 Ill. App. 3d 1085, 144 Ill. Dec. 272, 1990 Ill. App. LEXIS 743
CourtAppellate Court of Illinois
DecidedMay 24, 1990
Docket2-88-0222
StatusPublished
Cited by22 cases

This text of 555 N.E.2d 391 (People v. McManus) 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. McManus, 555 N.E.2d 391, 197 Ill. App. 3d 1085, 144 Ill. Dec. 272, 1990 Ill. App. LEXIS 743 (Ill. Ct. App. 1990).

Opinion

JUSTICE DUNN

delivered the opinion of the court:

Defendant, Thomas McManus, was convicted of eight counts of theft by deception (Ill. Rev. Stat. 1987, ch. 38, par. 16 — 1(b)) and one count of attempted theft by deception. The trial court sentenced defendant to two consecutive five-year terms of imprisonment on the theft by deception counts, to run concurrently with a 364-day sentence on the attempted theft by deception count. On appeal, defendant contends as follows: (1) that the evidence was insufficient to establish his guilt beyond a reasonable doubt because it failed to show he intended permanently to deprive the alleged victims of their property; (2) that the trial court improperly admitted evidence of other uncharged crimes and misconduct by defendant; and (3) that the imposition of consecutive sentences was erroneous because each of the alleged offenses was part of a single course of conduct. We affirm.

The allegations against defendant in this case arose from his activities as president and sole shareholder of Great America Homes, Inc. (GAH), the activities of GAH, and defendant’s actions as president and sole shareholder of Ameriwest Mortgage Corporation. Each of the victims signed an application to purchase a home from GAH and paid $500 to reserve the lot upon which GAH was to construct the home. Some of the victims also paid GAH additional sums as down payments for their homes. The homes were located in what GAH termed the Casitas area of the County Towne Development in unincorporated Lake County. Neither defendant nor GAH ever held any interest in any of the lots in the Casitas area. The eight thefts of which defendant was convicted and the attempted theft all took place between July 28, 1987, and August 14, 1987. Defendant was acquitted of two alleged thefts which purportedly took place between June 14, 1987, and June 28, 1987.

Richard Kinsella testified that in July 1987 he saw GAH advertisements in the Chicago Tribune and the Daily Herald. The advertisements stated that GAH was offering three-bedroom homes for sale at a price of $99,900 with no closing costs. Kinsella and his wife drove to a model home in an area GAH called the Gagewood subdivision. They met with Peggy Martin, a GAH employee who told them the company had built homes in Arizona and Florida and that McManus, who was now running the company, had been a vice-president with Ameriwest in Arizona. Martin also told the Kinsellas that any money they gave GAH as a down payment would be held in escrow.

A few days later the Kinsellas returned to the location and spoke to another GAH employee. They signed an application to purchase a lot in the Casitas area and gave the GAH employee a $500 check in order to reserve the lot. Several days later, GAH employee Bruce Sova told Richard Kinsella during a telephone conversation that any down payment would be placed in a jumbo money market account to be used as collateral for construction loans. On August 7, 1987, the Kinsellas went to the GAH office in Vernon Hills. They signed a contract to purchase the lot and the home to be constructed thereon by GAH and gave GAH a check for $4,625 as a further down payment. The' Kinsellas subsequently attempted to obtain a refund from GAH but were unable to do so.

James Messina testified that he saw a GAH advertisement in the Chicago Tribune in August 1987. Messina went to a trailer at or near the Casitas area and met with Peggy Martin, a GAH employee. Messina returned there a few days later on August 5, 1987, and once again met with Martin. On that date, Messina signed an application to purchase a lot in the Casitas area and gave Martin a $500 check as a deposit. Martin gave him a contract for the sale of the lot and a home to be built thereon and told him he would have to sign the contract and return with a down payment of 10% of the total cost within 10 days. Messina signed the contract, met with GAH employee Bruce Sova on August 14, 1987, and gave Sova a check for $9,750. Messina’s contract contained a rider which stated that if he was not satisfied with the home and requested a refund within seven days of its completion, all sums he had deposited with GAH would be refunded. Messina’s check for $9,750 was recovered by police before it was cashed. He never received any refund of the initial $500 payment.

George Rademacher saw the GAH advertisement in the Chicago Tribune and went to a GAH trailer near the Casitas section on August 1, 1987. He returned there with his wife on August 5, signed an application to purchase a lot and gave GAH employee Peggy Martin a check for $500. On August 8, the Rademachers went to the GAH offices in Vernon Hills, signed a contract to purchase the lot and gave Bruce Sova a check for $4,500 as a further down payment. Sova told him the money would be held in escrow. GAH never refunded any money to the Rademachers.

Ruby Bodame testified that she and her husband were referred to GAH by Georgeanne Depke of Properties Unlimited. The Bodames met with Peggy Martin on July 30, 1987, signed an application to purchase a lot, and gave Martin an American Express money order in the amount of $500. They met with Martin again on August 12 and told her they wanted a refund. Martin told them they would have to contact Bruce Sova.

Michael Bodame, Ruby’s husband, testified that he went to the GAH offices in Vernon Hills on August 13 or 14 to get the refund. Sova told him to return the following week. When Bodame did so on August 18, the office was practically cleared out. Bodame saw Chuck Swanson, a GAH employee, who told him there was no money. The Bodames never received a refund from GAH.

Paul Melonas testified that he saw the GAH advertisement in the Chicago Tribune. On August 1, 1987, Melonas and his wife met with GAH salesman John Deagan at the GAH trailer. They signed an application to purchase a lot that day and gave Deagan a check for $500. They never signed a contract to purchase the lot. Melonas and his wife did not receive any refund.

Barbara Pease testified that she and her husband saw the GAH advertisement in the Tribune. On August 4, 1987, they met with GAH employee Arno Schrimmer at the GAH trailer. The Peases gave Schrimmer a check for $500 and filled out an application to purchase a lot. They never signed a contract to purchase a lot. The Peases did not receive a refund.

Susan Ogawa testified that her husband saw the GAH advertisement in the Tribune. On August 2, 1987, the Ogawas met with Peggy Martin at the GAH trailer, filled out an application to purchase a lot, and gave her a check for $500. She called later that week to cancel the house and try to get her money back. The Ogawas were able to stop payment on the check before it was cashed. Defendant was therefore only convicted of attempted theft on the charge relating to the Ogawas.

James Callahan went to the GAH trailer on August 4, 1987, after seeing the GAH advertisement in the Tribune. He returned on August 6, filled out an application to purchase a lot, and gave GAH employee John Deagan a check for $500. Callahan did not pay any further amounts to GAH and did not receive a refund of $500.

Ralph Pepper testified that after he saw the GAH advertisement in the Tribune, he went to the GAH trailer with his fiancee, Lisa Corcoran, and met with Arno Schrimmer.

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Cite This Page — Counsel Stack

Bluebook (online)
555 N.E.2d 391, 197 Ill. App. 3d 1085, 144 Ill. Dec. 272, 1990 Ill. App. LEXIS 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcmanus-illappct-1990.