People v. Wilson

614 N.E.2d 1227, 155 Ill. 2d 374, 185 Ill. Dec. 542, 1993 Ill. LEXIS 34
CourtIllinois Supreme Court
DecidedMay 20, 1993
Docket74104
StatusPublished
Cited by41 cases

This text of 614 N.E.2d 1227 (People v. Wilson) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Wilson, 614 N.E.2d 1227, 155 Ill. 2d 374, 185 Ill. Dec. 542, 1993 Ill. LEXIS 34 (Ill. 1993).

Opinion

JUSTICE HEIPLE

delivered the opinion of the court:

Following a bench trial in Boone County, the defendant, Timothy Wilson, was convicted of residential burglary and sentenced to serve six years in the Department of Corrections. The appellate court reversed. We reverse the appellate court and reinstate the conviction and sentence.

The rationale on which the appellate court based its reversal was that the conviction in this case was dependent upon an application of the “limited-authority” doctrine to residential burglary. In its ensuing discussion of the doctrine, the appellate court, second district, noted the decisions of the first, third, and fifth appellate districts which held the doctrine to be applicable to both public buildings and to private residences but declined to follow those decisions. It held to the contrary, that in the second district, the doctrine applied only to the burglary of public buildings.

Succinctly stated, the limited-authority doctrine states that authority to enter a building for a specific lawful purpose is vitiated when the wrongdoer departs from that purpose and commits a felony or theft, thus accommodating the language of the residential burglary statute which provides in pertinent part:

“A person commits residential burglary who knowingly and without authority enters the dwelling place of another with the intent to commit therein a felony or theft.” Ill. Rev. Stat. 1987, ch. 38, par. 19 — 3.

While the law in Illinois no longer requires a common law breaking as an essential element of the crime of burglary, the statute requires an entry which is both without authority and with intent to commit a felony or theft. People v. Weaver (1968), 41 Ill. 2d 434.

A review of the relevant facts discloses that on December 26, 1988, defendant, Timothy D. Wilson, helped his aunt, Thelma Withrow, move from the residence she had shared with David Dammon. Dammon was not present, as he was on vacation at the time.

When Dammon returned, he found a note from Withrow informing him that she had left the house locked, that his VCR was under the pillow, and that his guns were in the closet. Dammon found, however, that his VCR and two of his guns were missing.

On January 2, 1989, defendant was arrested for an unrelated incident. At the time of arrest, defendant made statements implicating him in the theft of the guns.

At the jail, Deputy David Dylak and Detective Tim Brown of the Boone County sheriff’s office interviewed defendant in regard to the guns. Defendant then gave a written, as well as an oral, statement as to the events of December 26,1988.

At trial, both Dylak and Brown testified that defendant orally admitted that he took the guns and that he did not have permission to enter the Dammon residence. Dylak also read in court the defendant’s handwritten confession, which stated:

“I Helped my aunt move I saw The guns. When we finished moving I went back To get The guns. I went To The Back door and opened IT. I went in got The guns and left. THaT was 12-26-88 I Have Had THem For a week. IT was a white House on 5th ST.”

Defendant did not testify at trial but introduced the testimony of Thelma Withrow. She stated that after the move, she felt that she had forgotten something and asked her son, Michael Withrow, and the defendant to go back and check the house. She testified that her son left with the defendant to check on things at Dammon’s house, but she was unsure if the two stayed together.

Michael Withrow testified to having helped his mother move on the day in question. He testified that, without his mother’s knowledge, he had left Dammon’s house unlocked so that he could return later that night to play poker and drink beer with friends. While Michael initially testified that he and the defendant had returned to check on Dammon’s house, he later testified that he had remained at his mother’s house after the last load, showered, and called friends to invite them to the poker party while the defendant left. He also testified that he was not present and did not hear his mother ask defendant to return to check on Dammon’s house.

On this evidence, the court found defendant guilty of residential burglary in violation of section 19 — 3 of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, par. 19 — 3). Defendant appealed, arguing that the State failed to prove beyond a reasonable doubt that he entered Dammon’s residence without authority.

On appeal, the appellate court surmised that the trial court’s findings indicated that it found the testimony of the aunt credible and that she had given defendant the authority to return to the house one last time. That being true, the appellate court concluded, the trial judge could have convicted defendant only through application of the limited-authority doctrine, which provides that one’s otherwise valid authority to be in certain premises is vitiated when that individual acts in a manner inconsistent with the authority originally granted. The appellate court found that the doctrine applied only to public buildings, not private dwellings, and, in a Rule 23 order (No. 2 — 90 — 1031 (unpublished order under Supreme Court Rule 23)), reversed defendant’s burglary conviction on the ground that the State failed to prove defendant entered Dammon’s residence without authority beyond a reasonable doubt.

The State now appeals to this court arguing that: (1) the appellate court misconstrued the trial court’s finding when it concluded that the trial judge must have applied the limited-authority doctrine; and (2) if the appellate court correctly interpreted the trial court’s findings, the limited-authority doctrine should apply in this case.

ANALYSIS

Waiver

As a preliminary matter, we address the defendant’s argument that the State is precluded from arguing that the trial court found that no authority ever existed. Defendant argues that because the State acquiesced, at the appellate court, to the finding that there was authority but that it was breached, the State had thereby waived the argument that defendant never had authority. It appears that the State did not raise this argument until its petition for rehearing to the appellate court.

Although the defendant’s argument has technical merit, this court has long recognized that the “responsibility of a reviewing court for a just result and for the maintenance of a sound and uniform body of precedent may sometimes override the considerations of waiver that stem from the adversarial nature of our system.” (American Federation of State, County & Municipal Employees, Council 31 v. County of Cook (1991), 145 Ill. 2d 475, 480, citing Hux v. Raben (1967), 38 Ill. 2d 223, 224-25.) In light of the evidence in the record indicating the appellate court’s misconstruction of the trial court’s findings, we choose to review the issue in the interest of justice.

The Existence of Authority

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Cite This Page — Counsel Stack

Bluebook (online)
614 N.E.2d 1227, 155 Ill. 2d 374, 185 Ill. Dec. 542, 1993 Ill. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilson-ill-1993.