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02/10/89 the People of the State of v. Jeffrey L. Kolls

February 10, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

JEFFREY L. KOLLS, DEFENDANT-APPELLANT

(2) INTENTIONALLY CAUSES ANY INJURY TO ANY PERSON OR PERSONS WITHIN SUCH DWELLING PLACE." ILL. RE

v.

STAT. 1985, CH. 38, PAR. 12-11 (A)(2).



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

534 N.E.2d 673, 179 Ill. App. 3d 652, 128 Ill. Dec. 491 1989.IL.177

Appeal from the Circuit Court of Du Page County; the Hon. John J. Bowman, Judge, presiding.

APPELLATE Judges:

JUSTICE NASH delivered the opinion of the court. DUNN and REINHARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE NASH

After a jury trial, defendant, Jeffrey Kolls, was found guilty of home invasion (Ill. Rev. Stat. 1985, ch. 38, par. 12-11(a)(2)), unlawful restraint (Ill. Rev. Stat. 1985, ch. 38, par. 10-3(a)), and battery (Ill. Rev. Stat. 1985, ch. 38, par. 12-3). Judgment for the battery offense was later vacated as a lesser-included offense of home invasion, and defendant was sentenced to concurrent terms of imprisonment of six years for home invasion and two years for unlawful restraint. Defendant appeals, contending that he was not proved guilty of home invasion beyond a reasonable doubt because the State failed to prove (1) that the victim was injured within the dwelling or (2) that the victim was injured.

The evidence at trial disclosed that near midnight on July 7, 1987, defendant went to the apartment complex where his ex-wife Karen lived. He knocked on the door of a neighbor, Laurel Pauscher, and asked her where Karen and another neighbor, Andrew Pendrys, were located. He also asked whether Pendrys was "screwing his wife." Laurel told defendant she did not know and closed the door on him. When Laurel thought defendant was gone, she left her apartment to go to Karen's apartment to warn her that defendant was in the area.

As Laurel crossed the courtyard, defendant jumped from behind a bush and grabbed her around the neck. He forced her to accompany him to Karen's apartment, stating that he wanted her to knock on the door because Karen would not open it for him. When Karen responded to Laurel's knock, defendant stepped out from concealment on the steps. He pushed through the screen in the outer door and the Plexiglas of the inner door and entered the apartment. At that time Karen, her two children and Andrew Pendrys were in the apartment. Karen went to the phone, but defendant ripped the cord from it and he and Karen began to argue.

Pendrys, who was in the living room when defendant entered the apartment, got off the couch and started moving toward the door. He passed through the dining room where defendant and Karen were quarreling and left the apartment through the door that defendant had broken. Defendant followed Pendrys out onto the landing outside the apartment and there began punching and kicking him. Defendant dragged Pendrys down the stairs, all the while punching and kicking him, then fled, leaving Pendrys lying at the bottom of the stairs. Shortly thereafter the police arrived, and Pendrys was taken to Elmhurst Memorial Hospital in an ambulance.

Defendant testified that he had been at his parent's home continuously after approximately 10:30 or 10:45 the evening of July 7, 1987, watching TV, doing laundry, and later sleeping. Defendant's mother, father, and brother also testified that defendant was home the entire evening after 10:45.

Defendant contends that the State failed to prove him guilty of home invasion because the alleged injury to Pendrys occurred outside the dwelling. The home invasion statute states in pertinent part:

"(a) A person who is not a peace officer acting in the line of duty commits home invasion when without authority he or she knowingly enters the dwelling place of another when he or she knows or has reason to know that one or more persons is present and

Defendant contends that under the statute any injury caused to an occupant of a dwelling must occur within such dwelling place. He argues that as the injury to Pendrys occurred outside the apartment on the landing, the terms of the statute were not met. We disagree.

The purpose of the home invasion statute is to protect persons in their homes (People v. Shelby (1984), 123 Ill. App. 3d 153, 163, 462 N.E.2d 761, 768), and the offense is a Class X felony (Ill. Rev. Stat. 1985, ch. 38, par. 12-11(b)). To allow defendant to evade the full force of the statute by taking advantage of the fortuitous fact that his victim fled, or was chased ...


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