Appeal from Circuit Court of Adams County No. 00CF401 Honorable Mark A. Schuering, Judge Presiding.
The opinion of the court was delivered by: Justice Myerscough
A jury convicted defendant, Ronnie K. Stites, of criminal trespass and unlawful restraint. The trial court sentenced defendant to 2 years' imprisonment for unlawful restraint (720 5/10-3(a) (West 2000)) and 90 days for criminal trespass to state-supported land (720 5/21-5(a) (West 2000)) and ordered defendant to pay $570 in restitution for property damage. Defendant appeals the restitution order. We affirm.
On November 17, 2000, the State charged defendant with domestic battery (720 ILCS 5/12-3.2(a)(1) (West 2000)), unlawful restraint (720 ILCS 5/10-3(a) (West 2000)), and criminal trespass to state-supported land (720 ILCS 5/21-5(a) (West 2000)). In January 2001, the trial court conducted a jury trial. The evidence revealed that while investigating a reported domestic battery involving defendant, the Quincy police department received a report that defendant was in the Lampe high-rise apartments, property of the Quincy housing authority. Despite the fact that defendant had been previously banned from the high-rise apartments, he was reportedly within his mother's Lampe apartment. Two Quincy police officers went to the apartment and knocked several times on the door. They received no response. With the assistance of a Quincy housing officer, the officers entered the apartment and found Evelyn Stites, defendant's mother, seated alone with the lights turned off.
When asked, Evelyn told the officers that defendant was not in the apartment. An officer asked Evelyn for permission to search the apartment. She denied his request. With the permission and assistance of the Quincy housing authority officer, the officers insisted and led Evelyn out of the apartment.
In their search for defendant, the officers forced their way into the bedroom by kicking down the door. As a result, the Quincy housing authority had to replace the bedroom door and lock. During the course of the presentence investigation, defendant completed a "subject's statement." This statement allows the defendant to state what he wishes the court to consider in determining his sentence.
In the present case, defendant wrote the following:
"I ask that you please give *** me one year in the
Adams County [j]ail. Preform [sic] public service
hours on swap the whole year that I'm here in the
jail. Impose a large fine. Restitution for the
damage of the apartment at Lampe-Hi-Rise [sic]. Of
the door and wall the officers kicked in to try to
find me." (Emphasis added.)
The jury found defendant guilty of unlawful restraint (720 ILCS 5/ 10-3(a) (West 2000)) and criminal trespass to state-supported land (720 ILCS 5/21-5(a) (West 2000)). The trial court sentenced defendant as stated and ordered defendant to pay $570 in restitution for the damage to the apartment. This appeal followed.
Defendant now argues that the trial court abused its discretion when it ordered him to pay restitution for damages caused by the police officers. We disagree and affirm.
On appeal, the court should reverse a trial court's restitution order only where the trial court has abused its discretion. In re M.Z., 296 Ill. App. ...