People v. Muzzarelli

770 N.E.2d 1232, 331 Ill. App. 3d 118, 264 Ill. Dec. 536, 2002 Ill. App. LEXIS 453
CourtAppellate Court of Illinois
DecidedMay 31, 2002
Docket3-01-0200
StatusPublished
Cited by13 cases

This text of 770 N.E.2d 1232 (People v. Muzzarelli) 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. Muzzarelli, 770 N.E.2d 1232, 331 Ill. App. 3d 118, 264 Ill. Dec. 536, 2002 Ill. App. LEXIS 453 (Ill. Ct. App. 2002).

Opinions

JUSTICE LYTTON

delivered the opinion of the court:

Defendant Lisa Muzzarelli was charged with two counts of forgery under the Illinois Criminal Code of 1961. 720 ILCS 5/17—3(a)(1), (a)(2) (West 2000). She was found guilty on both counts. We affirm.

FACTS

In 1999, Lisa Muzzarelli was convicted of retail theft. Prior to her sentencing hearing, the trial judge, James Lanuti, received a letter asking him for leniency in her sentencing. The letter was on a school letterhead, appeared to be signed by a teacher at the school and stated that Muzzarelli was a gifted teacher whom the school district did not wish to lose. After Muzzarelli was sentenced, the prosecutor discovered that the letter was unauthorized. During a subsequent investigation, Muzzarelli admitted to a police investigator that she had written the letter herself.

Muzzarelli was then charged with two counts of forgery pursuant to the Illinois Criminal Code. 720 ILCS 5/17 — 3(a)(1), (a)(2) (West 2000). She was tried on both counts. At the close of the prosecution’s case, Muzzarelli filed motions to dismiss the charge and for a directed verdict. The trial court denied both motions, and the jury found Muzzarelli guilty on both counts of the indictment.

DISCUSSION

I

Muzzarelli argues that the letter on which these charges were based is not a document that can be the basis of a forgery charge. She first contends that the use of the word “defraud” in the forgery statute only applies to attempts to obtain economic gain. She also asserts that the letter is outside the scope of the crime of forgery because it does not affect a legal right or obligation.

A

To establish the offense of forgery, the State must prove that a defendant (1) had an intent to defraud; (2) knowingly made or altered a document; (3) did so in such a manner that the document purported to have been made by another; and (4) that the document was apparently capable of defrauding another. 720 ILCS 5/17 — 3 (West 2000). Muzzarelli admits that she made the letter in such a manner that it purported to be made by another. However, she contends the other elements of the crime could not be proved.

Muzzarelli argues that the word “defraud” must be defined with reference to the common law definition of fraud. She states that under the common law, fraud requires some kind of legally recognized injury, such as financial injury or property loss. See Glazewski v. Coronet Insurance Co., 108 Ill. 2d 243, 254, 483 N.E.2d 1263, 1268 (1985). Since her letter to Judge Lanuti could not affect any property or monetary interest, she argues that she could not be convicted of forgery.

“Intent to defraud” in the forgery statute is defined as “an intention to cause another to assume, create, transfer, alter or terminate any right, obligation or power with reference to any person or property.” 720 ILCS 5/17 — 3(b) (West 2000). A “document apparently capable of defrauding another” is one that “includes, but is not limited to, one by which any right, obligation or power with reference to any person or property may be created, transferred, altered or terminated.” 720 ILCS 5/17 — 3(c) (West 2000).

A legislative body has the power to articulate reasonable definitions of terms within a statute and may broaden or narrow the meaning that terms otherwise would have. People v. Johnson, 231 Ill. App. 3d 412, 419-22, 595 N.E.2d 1381, 1387-88 (1992). When the General Assembly has defined the terms relating to fraud, a court cannot look beyond the statute to determine what it means to “inten[d] to defraud” or for a document to be “capable of defrauding.” See Johnson, 231 Ill. App. 3d at 419-22, 595 N.E.2d at 1387-88.

If the legislature had not spoken, Muzzarelli’s argument would be an appealing one, but we cannot impose a common law definition over a statutory one. See Heerey v. Zoning Board of Appeals, 82 Ill. App. 3d 1088, 1091-92, 403 N.E.2d 617, 620 (1980). Because the statute adds language that includes documents affecting legal rights, obligations and powers, Illinois courts have rejected Muzzarelli’s argument that only potential monetary loss is a proper focus of forgery. In People v. Merchant, 5 Ill. App. 3d 636, 283 N.E.2d 724 (1972), the defendant was charged with forgery for presenting to a pharmacist a prescription that he had written and signed with the name of a doctor. Defendant argued that since he was ready to pay for the drugs, the pharmacist would have suffered no pecuniary loss; thus, intent to defraud could not be proven. Merchant, 5 Ill. App. 3d at 638, 283 N.E.2d at 725.

The appellate court disagreed, citing the broad definition of “intent to defraud” contained in the statute. The court noted that a pharmacist can only dispense a prescriptive drug pursuant to a valid prescription; defendant’s intent to cause the pharmacist to “assume he had the right to dispense a prescriptive drug *** to the defendant” was sufficient intent to defraud. Merchant, 5 Ill. App. 3d at 638, 283 N.E.2d at 725.

The defendant in People v. Gawlak, 276 Ill. App. 3d 286, 657 N.E.2d 1057 (1995), was convicted of forgery for falsifying labels on barrels containing hazardous waste at the chemical storage and disposal facility where he worked. He argued that he had no intent to defraud, since he had not altered the labels in an effort to gain pecuniary advantage. The court held that when defendant altered the labels, his intent to affect the Illinois Environmental Protection Agency’s right to monitor and regulate the hazardous waste at the plant was sufficient to constitute “intent to defraud” under the forgery statute. Gawlak, 276 Ill. App. 3d at 292, 657 N.E.2d at 1062.

The statutory definitions of “intent to defraud” and “apparently capable of defrauding” are broad enough to include an intent to deceive for reasons other than pecuniary gain. See Merchant, 5 Ill. App. 3d at 638, 283 N.E.2d at 725; Gawlak, 276 Ill. App. 3d at 292, 657 N.E.2d at 1062. The word “defraud” in the statute does not limit its scope, and the trial court properly denied Muzzarelh’s motions.

B

Muzzarelli also argues the long-standing rule that to prove forgery a document must have an apparent legal effect or be capable of affecting the rights or obligations of another. See People v. Kent, 40 Ill. App. 3d 256, 350 N.E.2d 890 (1976).

The crime of forgery only applies to documents that could affect another person’s legal rights. People v. Kelley, 129 Ill. App. 3d 920, 473 N.E.2d 572

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Bluebook (online)
770 N.E.2d 1232, 331 Ill. App. 3d 118, 264 Ill. Dec. 536, 2002 Ill. App. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-muzzarelli-illappct-2002.