Appeal from Circuit Court of Macon County No. 01CF1290 Honorable Theodore E. Paine, Judge Presiding.
The opinion of the court was delivered by: Justice Myerscough
In December 2001, a jury convicted defendant, Staten D. Taylor, of residential burglary (720 ILCS 5/19-3(a) (West 2000)) and burglary (720 ILCS 5/19-1(a) (West 2000)). In February 2002, the trial court sentenced defendant to concurrent 14- and 6-year prison terms for residential burglary and burglary, respectively. On appeal, defendant argues that he was improperly convicted of both residential and motor vehicle burglary because the motor vehicle burglary was committed while within the burglarized residence's attached garage. Defendant argues that because the vehicle was located within the dwelling, the motor vehicle theft was subsumed under the residential burglary. Defendant argues that the two offenses are mutually exclusive and, therefore, he may not be convicted of both. We disagree and affirm the trial court's convictions on both motor vehicle burglary and residential burglary.
In September 2001, the State charged defendant with residential burglary (720 ILCS 5/19-3(a) (West 2000)) for entering a dwelling with the intent to commit therein a theft and theft of property with a value in excess of $300 (720 ILCS 5/16-1(a)(1)(A) (West 2000)) for his theft of $80 in cash, a 35-millimeter camera (valued at $250), and a Nokia cellular phone (valued at $200) from a vehicle in the home's attached garage. Later, in October, the State filed an additional count of simple burglary (720 ILCS 5/19-1(a) (West 2000)) against defendant for the items he stole from the vehicle. (The State did not charge defendant with burglary to a motor vehicle for entry into a truck parked in the driveway, although the evidence suggests it could have.) On the first day of defendant's December 2001 jury trial, the State dismissed the count of theft of property with a value in excess of $300. Trial proceeded on the residential burglary and burglary counts.
Evidence at trial showed that the victim, James Parker, and his girlfriend, Shawn Chandler, were asleep in Parker's home located at 707 N. Moffet on the evening of September 8, 2001. Parker awoke in his residence at approximately 6 a.m., September 9, 2001, to find an intruder in the upstairs hallway of his home. Parker ordered the intruder out of his home. Parker knew the intruder to be defendant, Staten Taylor. Defendant had previously been involved with one of Chandler's friends, Stephanie Embry. Defendant had been inside Parker's house on more than one occasion. A later inspection of the home and vehicles revealed that defendant had broken into Parker's Ford pickup truck parked in the driveway in front of the house. Defendant gained entry to the truck, took an unknown amount of money, and found the garage door opener he used to enter the attached garage. The State did not charge defendant with this burglary. Upon entering the garage, defendant took $80 in cash, a 35-millimeter camera (valued at $250), and a Nokia cellular phone (valued at $200) from Chandler's vehicle parked inside the home's attached garage. From the garage, defendant entered the interior of the home. Defendant also took approximately $150 in cash from a dresser drawer located in the upstairs bedroom of the home.
The jury found defendant guilty of both charges. The trial court sentenced defendant as stated. This appeal followed.
Defendant argues that the facts of this case support a residential burglary and therefore cannot support a burglary. The standard of review on a challenge to the sufficiency of the evidence is "'whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.'" (Emphasis omitted.) People v. Collins, 106 Ill. 2d 237, 262, 478 N.E.2d 267, 277 (1985), quoting Jackson v. Virginia, 443 U.S. 307, 319, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2789 (1979).
B. An Attached Garage May Be
Considered a Part of the Dwelling
Defendant contends that because the theft to the vehicle occurred within the confines of the attached garage, it occurred within the dwelling and was part of the residential burglary.
The residential burglary statute states:
"A person commits residential burglary who
knowingly and without authority enters or knowingly
and without authority remains within the dwelling
place of another, or any part thereof, with the
intent to commit therein a felony or theft. This
offense includes the offense of ...