People v. Mims

587 N.E.2d 1274, 225 Ill. App. 3d 488, 167 Ill. Dec. 659, 1992 Ill. App. LEXIS 293
CourtAppellate Court of Illinois
DecidedFebruary 25, 1992
DocketNo. 5-90-0315
StatusPublished
Cited by2 cases

This text of 587 N.E.2d 1274 (People v. Mims) 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. Mims, 587 N.E.2d 1274, 225 Ill. App. 3d 488, 167 Ill. Dec. 659, 1992 Ill. App. LEXIS 293 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE GOLDENHERSH

delivered the opinion of the court:

After a bench trial, defendant, Anthony W. Mims, was convicted of possession of a stolen motor vehicle in violation of section 4—103(a)(l) of the Illinois Vehicle Code (the Code) (Ill. Rev. Stat. 1989, ch. 95½, par. 4—103(a)(l)). In this cause, defendant raises the following issues: (1) whether defendant’s conviction for possession of a stolen motor vehicle must be reversed where no evidence was presented to prove that the vehicle was stolen by someone other than defendant when defendant received it, and (2) whether defendant is entitled to a new sentencing hearing because he was not informed of sentencing alternatives available under the Alcoholism and Other Drug Dependency Act (the Act) (Ill. Rev. Stat. 1989, ch. 111½, par. 6351—1 et seq.).

Defendant was charged by information with possession of a stolen motor vehicle. The charge read:

“OFFENSES RELATING TO MOTOR VEHICLES in that said defendant, a person not entitled to the possession of a 1977 Chevrolet pickup truck, VIN/CCL4475145304, possessed said vehicle knowing it to have been stolen or converted, in violation of Paragraph 4—103(a)(1), chapter 95½, Illinois Revised Statutes ***.”

At defendant’s bench trial the State called Winona Wildhaber, who testified that she and her husband were the owners of a 1977 Chevrolet Silverado pickup truck. On June 8, 1989, Mr. and Mrs. Wildhaber were sleeping when they were awakened by the sound of their truck starting. Mr. Wildhaber went to the window and saw their truck going down the road. Mrs. Wildhaber recalled that it was 4:49 a.m. when this occurred. Her husband then called the police and gave a description of the truck and what they had witnessed.

Kevin Woodring, a patrolman for the Troy police department, received a call to respond to a stolen truck which was headed west on Collinsville Road parallel to Route 162. Patrolman Woodring was just finishing his dinner break at the Amoco Truck Plaza at about 4:54 a.m. when he received the call. At about 4:55 a.m., as he left the parking lot of the Amoco Truck Plaza, Patrolman Woodring observed a truck that fit the description he had just received over his radio. The truck drove by Woodring, and Woodring saw the driver of the truck look in his direction. The driver accelerated and weaved around some barricades in a construction area. Woodring followed the truck and called in the license number of the truck. He had his siren and lights activated. He pursued the truck, and a high-speed chase ensued. Woodring never lost sight of the truck. The chase ended about two miles later when defendant tried to leave the interstate on which he was traveling but hit a ditch between the highway and the field. After the truck came to an abrupt stop, Woodring approached the vehicle and found defendant, who complained of a leg injury. Defendant was then transported to the hospital.

Woodring looked inside the truck and saw that the ignition switch had been removed. According to Woodring, any General Motors product can easily be stolen by breaking away a piece of the steering column, which is just molded pot metal. Inside this area, there is a switch that can be flipped which will not only release the steering lock, but also start the engine. However, the method used to steal this truck, which included removal of the ignition switch, was more complicated and much more time-consuming.

Woodring did not give defendant either a field sobriety test or a breath test. At the scene, Woodring detected a “moderate” smell of alcohol on defendant but believed that defendant’s driving had not been impaired by alcohol and that defendant was not driving under the influence. The State rested.

Defense counsel called defendant’s brother, Brian Mims. Brian testified that his and defendant’s mother had recently died and that defendant began to have substance abuse problems after her death. Brian believed defendant was abusing Valium and alcohol and that defendant needed help. Brian saw defendant on the evening of June 7, 1989, between 9 and 10 p.m. Brian said defendant was “acting crazy and drugged up.” In the hour that Brian was with defendant, Brian had to force defendant to sit down 10 times because defendant was trying to leave. Defendant could not remember what had been said only five minutes before. Brian opined that defendant’s ability to reason was impaired by Valium and alcohol on the evening of June 7, 1989, although he did not see defendant drink or take any drugs that evening. When Brian left defendant’s house at 10 p.m., defendant was with his wife and appeared to be going to bed. Defendant’s 16-year-old nephew, Damon, corroborated Brian’s testimony concerning defendant’s condition on the night of June 7,1989.

Defendant testified on his own behalf. He admitted to abusing alcohol and drugs. Defendant stated that his problems started when he began using Valium after he found his mother dead in her house. He stated that he had attempted to get help for his problem but could not afford treatment. Defendant testified that on June 7, 1989, he obtained a “script” of 10 milligram Valiums and started taking them at about 10:30 or 11 a.m. He had no recollection of the events on the evening of June 7, 1989. Defendant recalled waking up in the hospital and being told that he was in trouble. Defendant asked why he was in trouble and remembers something about a truck being mentioned. Defendant could not confirm or deny if he stole the truck or if he was even driving the truck. Ultimately, the trial court found defendant guilty and sentenced him to five years in the Department of Corrections.

The first issue we are asked to address is whether defendant’s conviction for possession of a stolen motor vehicle must be reversed because no evidence was presented to prove that the vehicle was stolen by someone other than defendant prior to defendant’s receipt of it. Defendant argues that in order to be convicted of possession of stolen property, the State must first show that the property was stolen by a person other than the one who has been charged with possessing it. The State replies that all the elements of section 4—103(a)(1) of the Code (Ill. Rev. Stat. 1989, ch. 95½, par. 4—103(a)(l)) under which defendant was charged have been met. Having proved the requisite elements under section 4—103(a)(1), the State contends that it was unnecessary to prove that someone other than defendant stole the truck prior to defendant receiving it.

Defendant is correct that in the past the rule had been that in order to sustain a conviction for possession of stolen property, the State had to show that the property was stolen by a person other than the one charged with possessing it. (People v. Rubin (1935), 361 Ill. 311, 327-28, 197 N.E. 862, 870; People v. Prall (1924), 314 Ill. 518, 525, 145 N.E. 610, 613; People v. Ensor (1923), 310 Ill. 483, 484, 142 N.E. 175.) However, in the present case we are dealing with a specific statute, namely section 4—103(a)(1) of the Code, which concerns possession of a stolen motor vehicle. The statute reads, in pertinent part:

“Offenses relating to motor vehicles and other vehicles— Felonies, (a) It is a violation of this Chapter for:

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Cite This Page — Counsel Stack

Bluebook (online)
587 N.E.2d 1274, 225 Ill. App. 3d 488, 167 Ill. Dec. 659, 1992 Ill. App. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mims-illappct-1992.