APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
540 N.E.2d 854, 184 Ill. App. 3d 676, 132 Ill. Dec. 932 1989.IL.890
Appeal from the Circuit Court of Lake County; the Hon. Harry D. Hartel, Jr., Judge, presiding.
PRESIDING JUSTICE UNVERZAGT delivered the opinion of the court. INGLIS, J., concurs. JUSTICE REINHARD, Dissenting.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE UNVERZAGT
The defendant, Marcus Gregory, was convicted by a jury of burglary and criminal trespass to a motor vehicle. (Ill. Rev. Stat. 1987, ch. 38, pars. 19-1(a), 21-2.) The court vacated the criminal trespass conviction as a lesser included offense of burglary and sentenced the defendant to six years' imprisonment in the Department of Corrections.
Defendant contends his burglary conviction must be reversed and the cause remanded for reinstatement of and sentencing on the criminal trespass conviction because the jury's verdict finding him guilty of burglary was coerced.
Detailed recitation of the facts of the offenses is not required. Suffice it to say the defendant, a recently terminated Sears employee, was discovered on September 19, 1987, inside a semi-truck trailer parked in the Sears Roebuck loading area. He had a key for the trailer padlock, which was discovered open, and many of the boxes inside the trailer had been torn or cut open. The Sears security manager found a flashlight and glove in the trailer which he could identify as belonging to the defendant, and also found a sharpened stick stuck into one of the boxes.
Slightly more than two hours after the jury retired to deliberate, the following proceedings took place:
"(The following proceedings were had in open court outside the presence and hearing of the jury.)
THE COURT: The jury has sent a question.
THE BAILIFF: They have got a verdict now.
MR. SMITH [Assistant State's Attorney]: What is the question?
THE COURT: 'If the record is split on one charge, how do we fill out the guilty forms: guilty; not guilty? Both forms or one?' Did they now reach a verdict?
MR. SMITH: That's what Willis was saying.
THE COURT: Have they now reached a verdict? Did you say they have reached a verdict?
THE BAILIFF: That's what they told me.
THE COURT: Okay. Then we don't have to answer the question.
(The following proceedings were had in open court in the presence and hearing of the jury.)
THE COURT: Ladies and Gentlemen of the Jury, have we reached a verdict?
THE FOREMAN: Yes, your Honor, we have.
THE COURT: Do you want to hand the verdict forms to Mr. Payne, ...