People v. Stewart

880 N.E.2d 183, 377 Ill. App. 3d 715, 316 Ill. Dec. 705, 2007 Ill. App. LEXIS 1154
CourtAppellate Court of Illinois
DecidedNovember 2, 2007
Docket1-05-3868
StatusPublished
Cited by1 cases

This text of 880 N.E.2d 183 (People v. Stewart) 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. Stewart, 880 N.E.2d 183, 377 Ill. App. 3d 715, 316 Ill. Dec. 705, 2007 Ill. App. LEXIS 1154 (Ill. Ct. App. 2007).

Opinion

PRESIDING JUSTICE McBRIDE

delivered the opinion of the court:

Following a bench trial, defendant, Orlando Stewart, was found guilty of residential burglary and sentenced to 30 years’ imprisonment. On appeal, defendant contends that: (1) the State failed to prove him guilty beyond a reasonable doubt; (2) the trial court erred in allowing evidence of his other crimes; and (3) his sentence is excessive.

At defendant’s trial, James and Leslie Sykes testified that they live in apartment 603 at 344 West 28th Place in Chicago. James left the apartment on the afternoon of November 15, 2002, and Leslie left the apartment a couple of hours later. At that time, the apartment was in good condition and Leslie did not give anyone permission to enter it while she was gone. When Leslie returned home later that night, the TV and VCR were missing and the bed was in disarray. Both James and Leslie testified that they did not see defendant in their apartment nor did they see him remove anything from it. Leslie acknowledged that she did not remember locking the door when she left the apartment.

Sergeant Riga testified that on December 22, 2003, he received a flash message that a burglary had occurred and that the offender was a black male who was 6 feet tall and weighed approximately 200 pounds. Sergeant Riga was subsequently directed to the location of a person matching that description. The officer approached this person, whom he identified in court as defendant, and announced that he was a police officer. Defendant then turned around and ran into a nearby building located at 2430 South State Street.

Officer Elizabeth Mishler was working security at 2430 South State Street at the relevant time and began to search that building after receiving a flash message describing defendant. Officer Mishler found another officer detaining defendant inside the building and she accompanied that officer to the police station, where defendant was processed and placed in an interview room.

Detective William O’Bren testified that he spoke to defendant at the police station. Defendant was speaking rapidly and Detective O’Bren asked him if he was a “hype.” Defendant replied, “no. I’m just a drunk. I break in the houses, stay warm, and eat the food.” Detective O’Bren acknowledged that he did not question defendant further or ask him which houses he had broken into.

Detective Eduardo Agron testified that he and his partner, Detective Bryant, spoke with defendant at the police station on December 22, 2003. During that conversation, defendant related that he would “get into houses” on a daily basis to take things that he could quickly sell. Defendant did not remember the addresses or places that he went through, but told Detective Agron that he would be willing to point them out to the police. Detective Agron and his partner then left the police station with defendant in order to locate the addresses that defendant was referring to. According to Detective Agron, defendant pointed to the building located at 344 West 28th Place and stated that between October and November of 2002, he had entered that building through a side window and made his way to an upper floor. Defendant then walked through the hallway twisting doorknobs to see if any of the doors had been left open and eventually entered one of the apartments. Defendant initially said that he took food items and then said that he took a TV and a VCR. Detective Agron acknowledged that he did not ask defendant for a specific apartment number and that he did not recover a TV or a VCR from defendant.

The trial court denied defendant’s motion for a directed verdict and defendant testified on his own behalf. According to defendant, he did not tell Detective Agron that he entered 344 West 28th Place or that he took any items from an apartment inside that building. Rather, defendant testified that he showed the detective some abandoned buildings in which he had been living. Detective Agron tried to indicate to defendant that maybe he had been in other buildings, but defendant told the detective that he had not. Defendant further testified that he did not take a TV or a VCR from apartment 603 at 344 West 28th Place.

The State then admitted certified copies of defendant’s prior convictions for possession of a stolen motor vehicle and theft. Following closing arguments, the trial court found defendant guilty of residential burglary. In announcing its decision, the court stated that defendant’s testimony “[did not] make sense at all” and had to be considered in light of his prior felony convictions, and that it found Detective Agron’s testimony regarding defendant’s statements to police to be more credible. The court also noted that although defendant did not admit to being in the particular apartment that was burglarized, he did admit that he was in that building and that he committed a burglary during the “critical period” between November and December of 2002.

At the sentencing hearing, the State presented testimony that defendant attempted to break into a home on December 22, 2003, and was subsequently arrested and picked out of a lineup. The State also recounted defendant’s prior convictions for armed robbery, robbery, battery, possession of a stolen motor vehicle, theft, criminal trespass to state property, and residential burglary. The State informed the court that defendant was not only Class X mandatory, but was also eligible for extended-term sentencing. Defense counsel pointed out that defendant was currently serving a 12-year sentence for the residential burglary that occurred on December 22, 2003, and asked the court for the same sentence in the current case. The trial court sentenced defendant as a Class X offender to the maximum term of 30 years’ imprisonment. This appeal followed.

Defendant first contends that the State failed to prove beyond a reasonable doubt that he was guilty of residential burglary. Specifically, defendant asserts that the evidence failed to establish beyond a reasonable doubt that he entered or took any items from the Sykes’ apartment. We agree.

When reviewing a challenge to the sufficiency of the evidence, the relevant question is whether, after viewing the evidence in a light most favorable to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. People v. Cunningham, 212 Ill. 2d 274, 278 (2004). Although the trier of fact is responsible for assessing the credibility of the witnesses and weighing the testimony, the trial court’s determination is not conclusive. People v. Smith, 185 Ill. 2d 532, 542 (1999). Rather, we will reverse a conviction where the evidence is so unreasonable, improbable, or unsatisfactory as to create a reasonable doubt of defendant’s guilt. Smith, 185 111. 2d at 542.

“[P]roof of an offense requires proof of two concepts: first, that a crime occurred, or the corpus delicti, and second, that it was committed by the person charged.” People v. Cloutier, 156 Ill. 2d 483, 503 (1993). A person commits residential burglary when he “knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft.” 720 ILCS 5/19 — 3 (West 2004).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Solon v. MIDWEST MEDICAL RECORDS ASSOC., INC.
880 N.E.2d 183 (Illinois Supreme Court, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
880 N.E.2d 183, 377 Ill. App. 3d 715, 316 Ill. Dec. 705, 2007 Ill. App. LEXIS 1154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stewart-illappct-2007.