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12/30/87 the People of the State of v. Daniel G. Josephine

December 30, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

DANIEL G. JOSEPHINE, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

520 N.E.2d 745, 165 Ill. App. 3d 762, 117 Ill. Dec. 394 1987.IL.1940

Appeal from the Circuit Court of Cook County; the Hon. Ronald Crane, Judge, presiding.

APPELLATE Judges:

JUSTICE WHITE delivered the opinion of the court. RIZZI and FREEMAN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WHITE

On May 29, 1985, Darren Clinton and Lorenzo Owens stole a video cassette recorder from Eddie Anderson's home. Clinton then went to a trailer home and sold the VCR to defendant for $100. Police subsequently arrested Clinton and on June 4, 1985, Clinton told Detective Jeff Wilkins the address at which he had sold the VCR. On June 7, 1985, Wilkins executed a search warrant for that address. He found the VCR there and he arrested defendant.

Defendant was charged with knowingly obtaining and exerting unauthorized control over the VCR, with value in excess of $300, in violation of section 16-1(a) of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, par. 16-1(a)) in count I of the indictment. In count II he was charged with violating section 16-1(d)(1) (Ill. Rev. Stat. 1985, ch. 38, par. 16-1(d)(1)), in that he "knowingly obtained control over [the VCR] . . ., knowing the property to have been stolen and under such circumstances as would reasonably have induced him to believe that the said property was stolen by another." (Emphasis added.)

Eddie Anderson testified at trial that he purchased the VCR during December 1984 for $499 plus tax, marked down from $650. On cross-examination defense counsel asked him:

"Subsequent to [purchasing the VCR] did you ever determine what its fair market value was?"

The trial court sustained the prosecutor's objection. After Anderson testified that he knew what "fair market value" meant, counsel asked:

"[You] know that to mean what it's worth in the market place, doesn't it?"

The trial court again sustained the prosecutor's objection on the grounds of relevancy.

At the close of the evidence, the court instructed the jury that it should find defendant guilty of theft under the first count of the indictment if it found that he knowingly obtained and exerted unauthorized control over the VCR with the intention of permanently depriving the Andersons of the use of the VCR. Concerning the second count the court told the jury:

"A person commits the offense of theft over $300.00 when he knowingly obtains control over stolen property with a value in excess of $300.00 knowing the property to have been stolen by another, or under such circumstances as would reasonably induce ...


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