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12/12/95 PEOPLE STATE ILLINOIS v. JIMMY GLOVER

December 12, 1995

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
JIMMY GLOVER, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Winnebago County. No. 93-CF-390. Honorable Ronald L. Pirrello, Judge, Presiding.

Released for Publication January 16, 1996. Petition for Leave to Appeal Denied April 3, 1996.

The Honorable Justice Doyle delivered the opinion of the court: Thomas and Hutchinson, JJ., concur.

The opinion of the court was delivered by: Doyle

The Honorable Justice DOYLE delivered the opinion of the court:

Defendant, Jimmy Glover, appeals his conviction of burglary (720 ILCS 5/19--1(a) (West 1992)). The issue on appeal is whether defendant was proved guilty of burglary beyond a reasonable doubt. We affirm.

On March 17, 1993, defendant was indicted for burglary. The indictment alleged that defendant and Ray Allen committed the offense of burglary in that they, without authority, knowingly remained within a building known as St. Paul Lutheran Church with the intent to commit therein a theft. On December 10, 1993, the trial court denied defendant's motion to quash the arrest, motion to suppress defendant's statements, and motion to suppress the identification. On February 23, 1994, the cause proceeded to a jury trial.

Florence Monk, a member of the church, testified that on February 28, 1993, she was waiting by the door of the church for her husband. Two men came in, said they had car trouble, and asked if they could use a telephone. Monk testified that she told the men there was no telephone in the area but that she would get the pastor if they would wait there. Monk testified that she went downstairs and was away from the area less than one minute. When she came back, no one was there.

Scott Malme, the pastor at the church, testified that on February 28, 1993, he was in the sacristy of the church when Monk came to him and told him that some people wanted to speak to him. He walked through the basement of the church to the back entrance. He reached the stairs at the bottom of the area and saw two men leaving the building with vacuum cleaners in their arms. Malme testified that he asked if he could help the men. The men walked out of the church and Malme followed them. Malme testified that he told the men to stop and the men dropped the vacuum cleaners. Malme testified that he told the men that he was surprised that they were stealing from a church on a Sunday morning.

Malme testified that he grabbed the vacuum cleaners, placed them by the back door, and went into the church to call the police. Malme testified that he told one of the elders of the church to get the vacuum cleaners, but the vacuum cleaners were gone by the time the elder got to the back door. Malme testified that he gave a description of the men to the police and that he later identified the men in a show-up at the police station.

Malme further testified that the vacuum cleaners were stored in a storage area under the stairs by the back door of the church. Malme testified that the restrooms were downstairs also.

Officer Timothy Eschen testified that on February 28, 1993, he was called to the church regarding a burglary. Eschen testified that he interviewed Malme about the incident and that Malme gave a description of the two men. Eschen testified that he then left the church and, as he was looking for a place to write his report, he observed walking down the street with a vacuum cleaner a black male who matched Malme's description of one of the men. Eschen testified that the man walking down the street was Allen. When Allen saw Eschen, Allen dropped the vacuum cleaner and started running. Eschen chased Allen but lost view of him for a short time. Eschen followed Allen's footprints in the snow to the front of a building. A passerby told Eschen that Allen had just gone up the stairs of the building.

Eschen testified that he waited for another officer to arrive. After the other officer arrived, the officers entered the building. The front door of the building was open. The officers proceeded up the stairs and found open the door to an apartment on the second floor. Eschen testified that they knocked and announced, and when no one answered, the officers entered the apartment.

In the apartment, the officers found defendant and Allen sleeping in different bedrooms. Eschen testified that defendant stated that he had been in the apartment all day and had not gone anywhere. Eschen testified that in the apartment they saw clothing matching the description of the clothing the suspects were wearing. Eschen also testified that they saw wet boots in the apartment. The officers took the two men to the police station for a show-up with Malme.

Detective Loy Rice testified that on March 1, 1993, he and Detective Keenan had defendant released into their custody to talk about the incident. They read defendant the Miranda warnings. Rice testified that they told defendant that there was no doubt in their minds that defendant was involved in the incident. They asked defendant if he was willing to return the remaining vacuum cleaner. Rice testified that, without offers of leniency or other inducement, defendant showed the officers where the vacuum cleaner was hidden. Rice ...


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