People v. Stephenson
2016 IL App (1st) 142031
| Ill. App. Ct. | 2016Background
- Defendant Anthony Stephenson was convicted after a bench trial of burglary and possession of burglary tools for events on October 24, 2013, and sentenced to concurrent prison terms (9 years for burglary, 3 years for tools).
- Indictment charged burglary of a warehouse at 2020 North Austin Avenue described as "the property of Aronson Furniture Corporation."
- Trial evidence showed the warehouse was owned by an individual, Peter Aaronson (not Aronson Furniture Corporation), and witnesses identified property in the warehouse as belonging to Peter Aaronson.
- Defendant testified he did not enter or take anything from the warehouse and offered an alibi (planned work at his aunt’s house); defense did not hinge on identity of the owner.
- On appeal defendant argued the indictment was fatally defective because it misidentified the owner of the burglarized property, creating a variance between indictment and proof.
- The appellate court affirmed, holding the misidentification was not a fatal variance given burglary does not require proof of ownership and defendant showed no prejudice or double jeopardy risk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment was fatally defective for naming the wrong owner of the burglarized premises | State: Indictment sufficiently informed defendant of the precise offense (unique address; charge description) | Stephenson: Misidentification of owner (Aronson Furniture Corp. vs. Peter Aaronson) created a fatal variance that prejudiced defense and risked double jeopardy | The court held the variance was not fatal: ownership is not an element of burglary, defendant showed no prejudice in preparing defense, and address/record protect against double jeopardy |
Key Cases Cited
- People v. Rothermel, 88 Ill. 2d 541 (1982) (ownership not an element of burglary; misidentification of owner not fatal on appeal)
- People v. Davis, 82 Ill. 2d 534 (1980) (variance between charging document and proof is fatal only if material and prejudicial)
- People v. Pujoue, 61 Ill. 2d 335 (1975) (test for when variance is fatal: prejudice or double jeopardy risk)
- People v. Rowell, 229 Ill. 2d 82 (2008) (pretrial challenges require strict compliance with pleading requirements)
- People v. Benitez, 169 Ill. 2d 245 (1996) (on-appeal challenges evaluated for whether charge apprised defendant of precise offense to prepare defense)
- People v. Walker, 7 Ill. 2d 158 (1955) (historical rule on naming victim/property in indictments)
- People v. Dotson, 263 Ill. App. 3d 571 (1994) (followed Rothermel: lack of allegation or proof of ownership not fatal)
- People v. Santiago, 279 Ill. App. 3d 749 (1996) (misnaming victim did not prejudice defendant who denied involvement)