People v. Davis, 2012 IL App (2d) 100934

Defendant Markiel L. Davis was convicted of criminal trespass to a residence under 720 ILCS 5/19-4(a)(2) and sentenced to 32 months’ imprisonment after a jury trial.
Witness Xiomera Hernandez Martinez, a housekeeper at the Semrad residence, testified that Davis entered the home through the kitchen door, removed his shoes, spoke briefly, and walked around the house for 20–30 minutes without taking anything.
Drapery installer James Krause observed a man fitting Davis’s description walking slowly around the house and ascending stairs, but did not see any concealment or attempted theft.
Robert Semrad, who owned the residence in Highland Park, testified that an unknown man was in the house around 11:30 a.m. and that he did not give permission for Davis to be there.
Rangelov, Semrad’s employee, testified he did not know Davis or authorize his presence and later videotaped Davis leaving the garage area and driving away.
Detective Fishman linked the vehicle to Davis and both Martinez and Rangelov identified Davis in a lineup; the jury convicted Davis and the trial court imposed a 32-month sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether knowledge of lack of authority is required to convict	People contends statute requires knowledge of lack of authority	Davis argues such knowledge is required under the statute	No knowledge required; statute imposes absolute liability for without-authority element

People v. Collins, 106 Ill. 2d 237 (1985) (test for sufficiency of evidence; review limits on appellate function)
Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reasonable-doubt review by appellate courts)
People v. Pullen, 192 Ill. 2d 36 (2000) (statutory construction; linguistic indicators of intent)
People v. Liberman, 228 Ill. App. 3d 639 (1992) (plain-language interpretation of statute boundaries)
People v. Hudson, 228 Ill. 2d 181 (2008) (differing language implies different meanings in statute)