2019 IL App (3d) 170001
Ill. App. Ct.2019Background
- Eric D. Bausch was charged with domestic battery for grabbing his wife, Jovanna, during a dispute at a marina over boat keys and title papers.
- Jovanna testified she took the keys, title, and deed to the boat (her name was not on the title), searched defendant’s phone, and returned the phone before leaving; defendant confronted her and attempted to seize her purse.
- A physical struggle over the purse ensued; Jovanna sustained red blemishes and requested medical attention; daughters intervened.
- Defendant testified he believed the boat papers and keys were in Jovanna’s purse and attempted to retrieve them to protect his property; he denied grabbing Jovanna herself.
- The trial court found defendant guilty of domestic battery, rejecting his defense of property and sentencing him to 18 months’ conditional discharge with $10 in fines and $10 credit for two days’ pre‑sentence custody.
- On appeal, defendant argued (1) the State failed to disprove defense of property (insufficient evidence) and (2) he was entitled to an additional $5 monetary credit for a third day in custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence / defense of property | State: defendant used insulting or provoking force; use of force not legally justified | Bausch: believed papers/keys were in purse; acted to protect property under Code §7‑3(a) | Affirmed: belief was mere suspicion; force was excessive and unreasonable, so defense failed |
| Monetary credit for time in custody | State: record shows two days in custoday; no clear showing of third day | Bausch: taken into custody shortly after 9:20 p.m. on July 14, so deserves an extra $5 credit | Affirmed: record not sufficiently clear that custody began before July 15; two‑day credit stands |
Key Cases Cited
- People v. Washington, 326 Ill. App. 3d 1089 (affirmative‑defense burden when defendant presents evidence)
- People v. Collins, 106 Ill. 2d 237 (standard for reviewing sufficiency of evidence)
- Jackson v. Virginia, 443 U.S. 307 (same; any rational trier of fact standard)
- People v. Anderson, 401 Ill. App. 3d 134 (appellate court may affirm on any correct basis supported by record)
- People v. Caballero, 228 Ill. 2d 79 (monetary credit application must be clear from record)
- People v. Lopez, 229 Ill. 2d 322 (appellant bears burden to provide complete record)
- People v. Sulton, 395 Ill. App. 3d 186 (review of monetary credit is de novo)