People v. Richardson
956 N.E.2d 979
Ill. App. Ct.2011Background
- Defendant Leon Richardson was convicted by a St. Clair County jury of burglary (entering Route 3 Liquors with intent to commit theft) and sentenced to seven years' imprisonment.
- Information charged two counts of burglary; the State proceeded only on count II after withdrawing count I.
- Route 3 Liquors has a public floor area and a back office area with two safes; employees-only signs exist on the office doors.
- Footage showed Richardson entering the store, going to the back room, opening two safes, taking items, and hiding them in his clothing.
- Police recovered evidence including fingerprints on the brown safe cash box and blue safe door; missing lottery tickets valued at $900 and cash valued at $693 were identified.
- Richardson was later arrested after attempting to cash a stolen lottery ticket and later attempting to exchange rolled coins for cash; he was linked to the crime by surveillance and investigative records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the 'remained' element | Richardson remained without authority with intent to steal. | He did not remain in the store with intent to commit theft; entry authorized but not the remain. | Sufficient evidence supported 'unlawful remains' with intent to steal; conviction affirmed. |
| Hearsay testimony admitted for investigation purposes | Testimony about investigation steps permissible to explain the case. | Testimony was hearsay and improperly admitted. | Admission not reversible error; limited purpose instruction preserved, and any error was harmless. |
| Credit for time served calculation | Minnor dispute over start date of credit period not raised. | Start date for custody credit should be February 20, 2009. | Mittimus amended to start credit on February 20, 2009. |
Key Cases Cited
- People v. Glover, 276 Ill.App.3d 934 (1995) (remained element may be proven by moving to another part of building to steal)
- People v. Vallero, 61 Ill.App.3d 413 (1978) (burglary by remaining can be proven by staying in store to steal after entering)
- People v. Green, 83 Ill.App.3d 982 (1980) (two ways to commit burglary: unlawful entry or unlawfully remaining)
- People v. Maggette, 195 Ill.2d 336 (2001) (standard for reviewing sufficiency of evidence; rational finder of fact could conclude guilt beyond reasonable doubt)
- People v. McKown, 236 Ill.2d 278 (2010) (harmless-error framework and sufficiency considerations in burglary cases)
- People v. Williams, 181 Ill.2d 297 (1998) (admissibility of investigative testimony and limiting instructions)
- People v. Simms, 143 Ill.2d 154 (1991) (hearsay rule and non-hearsay purpose in testimony about investigations)