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05/29/87 the People of the State of v. Jackie R. Mclean

May 29, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

JACKIE R. MCLEAN, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

508 N.E.2d 1196, 155 Ill. App. 3d 1066, 108 Ill. Dec. 619 1987.IL.723

Appeal from the Circuit Court of St. Clair County; the Hon. William B. Starnes, Judge, presiding.

APPELLATE Judges:

JUSTICE WELCH delivered the opinion of the court. KARNS, P.J., concurs. JUSTICE HARRISON, Dissenting.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WELCH

On August 20, 1985, a St. Clair County jury found defendant Jackie R. McLean guilty on two counts of residential burglary. Subsequently, the court sentenced defendant to 15 years' imprisonment on each count, to be served concurrently. From this conviction, defendant appeals, raising the issues of (1) whether he was proved guilty beyond a reasonable doubt of the two burglaries and (2) whether a remandment for resentencing is required because the court allegedly based its decision on the fact that "the crimes were perpetrated for profit or unlawful gain." We affirm.

At trial the following facts were adduced. On April 15, 1985, the home of Margaret and Raphael Neff was burglarized between the hours of 8 a.m. and 4 p.m. Items taken in the burglary were a microwave oven, various cameras, a movie projector, a slide projector, a portable AM/FM stereo cassette player, a pair of Raphael's cowboy boots, two of Margaret's jewelry boxes and their contents, and Raphael's jewelry box. On the following day between the hours of 6:31 a.m. and 4:30 p.m., the home of Charles Dunn III was burglarized. The burglar took his wallet, color television, wicker basket, and some clothes which were in the basket. The police received the report on the Dunn burglary at 4:53 p.m.

Around 4 p.m. on the day of the Dunn burglary, Barbara Ann Wagner, owner of Mid-City Pawn, stated that the defendant, with whom she had done business in the past, entered her shop. The defendant's companion, John S. Harris, Sr., stated that he was interested in selling two gold rings. At that point, defendant produced a blue "Crown Royal" bag and asked Barbara if she was buying silver and what she was paying for it. Defendant then began to remove various silver items from the blue bag. Barbara did not remember or identify any of the objects he took out of the bag.

Police officer Dale Wagner, Barbara's husband, came out of the side room of the building. He recognized the defendant, with whom he was mutually acquainted. At that time, he left the shop to summon the police. When Dale returned, he pulled a gun and placed defendant and his companion under arrest.

Officers Proksha, Moore, Isenhart, and Klingle answered Dale's call. When Proksha and Klingle arrived, they noticed a blue Ford Torino automobile parked in a lot behind the building and across the street from the pawnshop. The car was unoccupied, with the reported stolen license plates, Illinois number YF2402. The car was subsequently towed to the police garage, photographed, and searched.

Defendant's companion (John Harris) provided the officers with the key to the vehicle's trunk. In the trunk, the police found Raphael's cowboy boots and in the seating compartment found a television set, wicker basket, wallet, and some clothing. Charles Dunn identified the items found inside the car as his.

Detective Isenhart seized the blue bag and silver jewelry that were lying on the counter in the pawnshop. Later, that evening, Margaret Neff identified some of the jewelry in the bag as items taken in the April 15 burglary.

When the police searched defendant, they found a traffic ticket dated April 10 issued to the defendant describing a Ford Torino. However, defendant denied having driven the Ford Torino outside the pawnshop and denied having been in the car. Furthermore, he not only did not know how the car arrived there but also did not know how he arrived at the pawnshop.

Richard Pruitt stated that he had known the defendant for six or seven years. Pruitt stated on or about April 2 or 3, 1985, he had sold his 1975 Ford Torino to the defendant. Prior to the sale, Pruitt stated he had loaned the car to the defendant and defendant had borrowed the car for three to seven days. When Pruitt sold the car to defendant, he delivered but did not sign the title to the car. When Pruitt sold the car to defendant, Pruitt instructed defendant to return the plates which were on the car. However, when defendant did not return them, Pruitt ...


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