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11/07/89 the People of the State of v. A. Wendell Wheadon

November 7, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

A. WENDELL WHEADON, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

546 N.E.2d 1119, 190 Ill. App. 3d 735, 138 Ill. Dec. 64 1989.IL.1751

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

APPELLATE Judges:

JUSTICE RARICK delivered the opinion of the court. CHAPMAN, J., concurs. JUSTICE GOLDENHERSH, Dissenting.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE RARICK

Defendant, A. Wendell Wheadon, was found guilty in the circuit court of St. Clair County of theft over $300 by deception (Ill. Rev. Stat. 1985, ch. 38, par. 16-1(b)(1)) and was sentenced to two years in the Department of Corrections. On appeal, defendant raises the issue whether the State proved him guilty of theft by deception beyond a reasonable doubt. This court affirms.

The facts adduced at trial indicate that on January 11, 1984, members of the Stites Township Park District Board (Board) held a special meeting. The Board was in a state of turmoil and was split into two factions, one of which consisted of Alfred Caldwell, Marva Collins, and Wendell Marshall. According to Wendell Marshall, he was told he was going to be appointed to the Board, but was never actually sworn in. He was present at the January 11, 1984, meeting and these three members discussed the renovation of the Park District building. Other Board members, Arthur Singleton and Edwin O'Bannon, were not present. Defendant, attorney for the Board, was present at the meeting. A vote was taken and it was decided that $5,000 would be issued to defendant for him to seek repairs on the district's dilapidated building at 500 Madison in Brooklyn. In addition to being the Board's attorney, defendant is also a licensed engineer. The check for $5,000 issued on January 12, 1984, was made payable to "Denverside Realty," a company defendant claimed to have operated. The minutes kept by the Board established that the $5,000 check was issued to defendant for him to:

"Prepare specifications for the repair of the District's building;

Seek bids to perform the work;

Prepare contracts for the work;

Let the contracts;

Inspect the work;

Receive funds for all work, materials and services;

Make disbursements to pay for such work;

Make an accounting and report to the board for all activities related to the rehabilitation of the District's building;

Enter into negotiations and sign agreements and contracts relating to the above and with Illinois Power Company concerning ...


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