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07/26/88 the People of the State of v. James Martin Drake

July 26, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

JAMES MARTIN DRAKE, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

527 N.E.2d 519, 172 Ill. App. 3d 1026, 123 Ill. Dec. 56 1988.IL.1149

Appeal from the Circuit Court of Champaign County; the Hon. Harold L. Jensen, Judge, presiding.

APPELLATE Judges:

JUSTICE McCULLOUGH delivered the opinion of the court. GREEN, P.J., and KNECHT, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

After a jury trial, defendant was convicted of burglary (Ill. Rev. Stat. 1985, ch. 38, par. 19-1) and forgery (Ill. Rev. Stat. 1985, ch. 38, par. 17-3). Subsequently, the trial court sentenced him to concurrent terms of 12 years' imprisonment for the burglary conviction and five years' imprisonment for the forgery conviction. Defendant argues the trial court erred in convicting him of both burglary and forgery, refusing to allow him to present evidence of pending traffic offenses, and in giving an instruction over his objection.

We affirm.

Kirk Redding, owner of a service station, testified that six checks were missing from his business checkbook. The checks disappeared sometime between July 20 and July 21, 1987. He did not draft People's exhibit No. 1, a check dated July 23, 1987, and payable to defendant. Redding further stated that he did not draft People's exhibit No. 2, a check dated July 21, 1987, and made payable to defendant. Both checks were among those missing from his business checking book. He did not sign either check and did not know defendant.

Angela Brockhouse, head cashier at an Eagle Food Store in Champaign, testified that defendant presented People's exhibit No. 1 to her on July 23, 1987. He wanted to cash the check and purchase approximately $10 worth of groceries. The check was made out for $310.37. The day before, Brockhouse had approved a check for a similar amount made payable to defendant.

Brockhouse called the bank to see if the July 23, 1987, check would clear. She learned it was stolen. She then called the police and an assistant manager. She told defendant she needed the manager's approval and needed to borrow money from another cash drawer to cash the check. When the police arrived, she said defendant was trying to cash a stolen check. Defendant turned and ran, knocking down a person in line behind him. Brockhouse did not give defendant permission to enter the store to commit a forgery.

The trial court instructed the jury that any evidence of other offenses committed by defendant was received only on the issue of his intent and design. It was to be considered only for that limited purpose. The court noted the jury would hear the instruction at the close of the evidence. Officers Jeff Jolley and George Wissmiller of the Champaign police department testified that defendant ran toward the rear exit through the store upon their entry. They were in uniform. Jolley caught defendant.

Defense counsel renewed his pretrial request for judicial notice of defendant's pending traffic offenses. The court refused to take judicial notice of the pending traffic offenses. Defendant did not present any evidence.

Initially, defendant argues he was not proved guilty of burglary beyond a reasonable doubt because his entry into the grocery store was authorized. Defendant was convicted of burglary due to his unauthorized entry into the store with the intent to commit a forgery. Authority to enter a business building extends only to those who enter with a purpose consistent with the reason the building is open. (People v. Weaver (1968), 41 Ill. 2d 434, 243 N.E.2d 245, cert. denied (1969), 395 U.S. 959, 23 L. Ed. 2d 746, 89 S. Ct. 2100; People v. Fisher (1980), 83 Ill. App. 3d 619, 404 N.E.2d 859.) Defendant did not have authority to enter the grocery store to commit a forgery. He was, therefore, properly convicted of burglary.

Defendant next argues one of his convictions must be vacated as both are based upon the same act. We disagree. A person commits burglary when without authority he knowingly enters a building with the intent to commit a felony or theft. (Ill. Rev. Stat. 1985, ch. 38, par. 19-1.) Defendant was also convicted of forgery under section 17-3 of the Criminal Code of 1961, when, with the intent to defraud the Eagle Store, he knowingly presented a ...


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