People v. Almore
241 Ill. 2d 387
Ill.2011Background
- Defendant James Almore cared for Ethan Hamilton while Lovia Hampton worked; they lived at 1228 West 99th Street for five days with no fixed residence of their own.
- Lovia, Ethan, and Almore had previous arrangements where Lovia and Ethan stayed at Almore’s residence or with Lovia’s family; Lovia and Almore had a 1.5-year dating relationship.
- Ethan slept on an air mattress in the upstairs apartment; Lovia and Ethan used the same room and shared certain personal items with Almore.
- Autopsy ruled Ethan’s death a homicide with bruising and internal injuries suggesting abuse; initial charge was first-degree murder, later reduced to involuntary manslaughter.
- The circuit court imposed an extended term under 720 ILCS 5/9-3(f) based on a finding that Ethan and Almore were family or household members under 725 ILCS 5/112A-3(3).
- Appellate Court vacated the extended sentence, holding no shared common dwelling; State sought review on whether the evidence supports a common dwelling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ethan and Almore shared a common dwelling under 112A-3(3). | State argues five-day cohabitation plus shared items shows dwelling. | Almore argues no durable, extended dwelling; Young controls. | Yes; evidence supports shared common dwelling sufficient for household member status. |
Key Cases Cited
- People v. Young, 362 Ill.App.3d 843 (2005) (rejected narrow 'shared dwelling' test; allows broader household interpretation)
- In re Alexis H., 401 Ill.App.3d 543 (2010) (supports flexible factors in sharing a dwelling for household status)
- Glater v. Fabianich, 252 Ill.App.3d 372 (1993) (illustrates factors for shared residence in household determinations)
- Jackson v. Virginia, 443 U.S. 307 (1989) (sufficiency standard: rational finder of fact could convict beyond reasonable doubt)