People v. Witherspoon
92 N.E.3d 594
| Ill. App. Ct. | 2017Background
- In August 2014 Witherspoon was released on bond with a condition prohibiting contact with or entry into S.L.’s residence.
- On August 28, 2014, Witherspoon was at S.L.’s home; a dispute occurred that led to charges including home invasion, aggravated criminal sexual assault, domestic battery, and possession of a controlled substance.
- At trial the court acquitted Witherspoon of aggravated criminal sexual assault, convicted him of domestic battery and drug possession, and reserved ruling on home invasion to decide whether entry was "without authority."
- The trial court found as a factual matter that S.L. had effectively consented to Witherspoon’s entry but concluded as a matter of law that the bond condition (a court order) nullified that consent and convicted him of home invasion.
- On appeal Witherspoon argued the State failed to prove the "without authority" element because S.L. consented; the State argued a court order trumped that consent and asked this court to affirm on any record-supported ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant enters a dwelling "without authority" under the home-invasion statute when the resident consents but a court order (bond condition) forbids entry | A court order prohibiting entry supersedes victim consent; judicial authority controls | Resident consent supplies authority to enter; consent cannot be negated by a third‑party court order | A resident's consent negates the "without authority" element; court order alone does not render entry unauthorized when the resident permits it; home‑invasion conviction reversed |
Key Cases Cited
- People v. Howard, 374 Ill. App. 3d 705 (Ill. App. Ct. 2007) (addressed whether premises were dwelling of another; did not involve a court order barring entry)
- State v. Hall, 47 P.3d 55 (Or. Ct. App. 2002) (owner’s permission to enter premises may negate trespass despite a conditional‑release order)
- State v. Maxwell, 159 P.3d 1255 (Or. Ct. App. 2007) (citing Hall approvingly on owner consent vs. court order)
- State v. Klein, 342 P.3d 89 (Or. Ct. App. 2014) (citing Hall approvingly)
- Beacham v. Walker, 231 Ill. 2d 51 (Ill. 2008) (appellate courts may affirm on any record-supported ground)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of evidence review)