People v. Harris
66 N.E.3d 858
| Ill. App. Ct. | 2016Background
- Defendant Eugene Harris and codefendant Eric McCann were tried jointly in a bench trial and convicted of burglary; Harris was sentenced to nine years as a Class X offender.
- Owner Alexander Matos parked a 36-foot enclosed racing/storage trailer in a lot; it contained tools and racing equipment worth over $6,000.
- Matos left the trailer locked one evening; the next morning he observed the defendants near the trailer and later discovered forced entry and missing property.
- Surveillance video and witnesses placed the defendants delivering Matos’s property to a scrap/recycling facility; some items were recovered.
- Defendants were arrested after an attempt to sell stolen items; Harris made post-Miranda statements admitting he acted as a lookout while McCann entered the trailer.
- The sole appellate issue was whether the storage trailer qualified as a "building" under the Illinois burglary statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the storage trailer is a "building" under the burglary statute | Trailer was immobile, not attached to a vehicle, and used to shelter property, so it qualifies as a building | A building must be a permanent structure affixed to land; a mobile storage/semitrailer is excluded | Trailer qualified as a building because it was being used to shelter property and was immobile when entered; conviction affirmed |
Key Cases Cited
- People v. Ruiz, 133 Ill. App. 3d 1065 (Ill. App. Ct. 1985) (semitrailer used to store scrap metal held to be a building under burglary statute)
- People v. Denton, 312 Ill. App. 3d 1137 (Ill. App. Ct. 2000) (parked, detached trailers used to store property are buildings)
- People v. Netznik, 66 Ill. App. 3d 72 (Ill. App. Ct. 1978) (tent in use as shelter qualifies as a building for burglary purposes)
- People v. Blair, 52 Ill. 2d 371 (Ill. 1972) (statutory definition of building interpreted broadly as a structure designed for habitation or shelter)
- People v. Beauchamp, 241 Ill. 2d 1 (Ill. 2011) (purpose of burglary statute is to protect security and integrity of specified enclosures)