People v. Roberts
983 N.E.2d 539
Ill. App. Ct.2013Background
- Roberts was convicted at trial of residential burglary (720 ILCS 5/19-3(a)) and sentenced to 10 years.
- The Howards had moved out of state, listed the house for sale, and had no plans to return.
- The house was vacant when the burglary occurred; copper pipes were removed and found in a scrap sale shortly after.
- Fingerprints were found on pipes; evidence showed theft of copper.
- The question is whether a vacant house with no occupants or intended occupants fits the statutory definition of a “dwelling” under 2-6(b).
- The appellate court remanded with instructions to modify the conviction to burglary and remand for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a vacant house with no current occupants is a dwelling under 2-6(b). | State contends vacancy pending future occupancy still qualifies. | Roberts contends no intent to reside exists at the time of offense. | Vacant, unoccupied house is not a dwelling; convict of burglary (lesser offense). |
Key Cases Cited
- People v. Diggins, 235 Ill. 2d 48 (2009) (statutory text governs dwelling definition; de novo review)
- People v. Wooddell, 219 Ill. 2d 166 (2006) (strict construction of penal statutes, no rewriting)
- People v. Laubscher, 183 Ill. 2d 330 (1998) (dwelling must be interpreted in favor of the accused)
- People v. Palmer, 148 Ill. 2d 70 (1992) (strict construction; avoid implication beyond literal meaning)
- People v. Edgeston, 243 Ill. App. 3d 1 (1993) (privacy/sanctity of home; supports dwelling concept)
- People v. Silva, 256 Ill. App. 3d 414 (1993) (vacant units in same building; prior reasoning about dwelling)
- People v. Suane, 164 Ill. App. 3d 997 (1987) (pre-2-6(b) dwelling definition; relevance limited)
- People v. McGee, 398 Ill. App. 3d 789 (2010) (future intent to return can sustain dwelling)
- People v. Torres, 327 Ill. App. 3d 1106 (2002) (mobile home; dwelling due to anticipated return)
- People v. Walker, 212 Ill. App. 3d 410 (1991) (dwelling when intent to return exists)
- People v. Moore, 206 Ill. App. 3d 769 (1990) (dwelling where occupant intended to return)
- People v. Pearson, 183 Ill. App. 3d 72 (1989) (rental housing; intended occupancy)
- People v. Sexton, 118 Ill. App. 3d 998 (1983) (inapposite pre-1990 dwelling definition)