Appeal from Circuit Court of Champaign County. No. 02CF765. Honorable Thomas J. Difanis, Judge Presiding.
The opinion of the court was delivered by: Presiding Justice Knecht
In July 2002, Michael A. Hayes was found guilty of residential burglary (720 ILCS 5/19-3 (West 2000)) and theft of property having a value exceeding $300 (720 ILCS 5/16-1(a)(4) (West 2000)). In August 2002, the trial court sentenced defendant to concurrent terms of 15 years in prison for residential burglary and 3 years in prison for theft of property having a value exceeding $300 with credit for 133 days served. Defendant appeals, arguing the court erred in (1) forcing him to walk in front of the jury and (2) crediting him only 133 days for his time spent in custody. We affirm as modified and remand with directions.
On April 11, 2002, an individual entered Charles and Jennifer Glass's home through an unlocked back door and removed jewelry, including a gold and diamond tennis bracelet, five gold rings, and other miscellaneous items. The tennis bracelet and rings were later found at a local pawnshop. Jennifer Glass identified the bracelet and rings as the jewelry taken from her home. Kathy Wynn, an employee of the pawnshop, informed the police that defendant pawned the jewelry on April 11, 2002. The pawnshop also produced a receipt for the jewelry signed by defendant.
One of the Glasses' neighbors, Monique Killion, told the police she saw an African-American man with an average build in his late 20s to early 30s knocking on the front door of the Glasses' home on April 11. Killion told the police the man walked with a limp.
The police arrested defendant for residential burglary on April 16, 2002. In addition, the State later charged defendant with theft of property having a value exceeding $300. Defendant was tried in July 2002. At the trial, the State presented the following witnesses: Charles Glass, Jennifer Glass, Monique Killion, Kathy Wynn, Officer Matthew Quinley, Investigator Bryan Seraphin, Tammy Prince, and Raulon Robinson. Killion and Wynn testified as set forth above.
Prince testified she was Jennifer Glass's sister. According to her testimony, she lived with the Glasses before moving to Tennessee in March 2002. Prince testified she started having a sexual relationship with defendant in late February 2002. During their relationship, defendant came to the Glass residence. Prince testified she had not been back to Urbana since moving to Tennessee.
Robinson testified he talked to defendant while they were in the county jail. According to Robinson's testimony, defendant admitted his guilt to Robinson. Robinson testified defendant told him he entered the Glass residence through the back door. Robinson also testified defendant informed him an African-American woman saw him before he entered the home.
After the State presented its last witness, the trial court ordered defendant to walk a short distance in front of the jury at the State's request. The court allowed this demonstration over defendant's objection. The defense then rested without putting on any evidence.
The jury found defendant guilty of both residential burglary and theft of property exceeding $300. The trial court treated defendant as a Class X offender pursuant to section 5-5-3(c)(8) of the Unified Code of Corrections (730 ILCS 5/5-5-3(c)(8) (West 2000)). The court sentenced defendant to concurrent terms in prison of 15 years for residential burglary and 3 years for theft of property having a value exceeding $300. The court also granted defendant credit for 133 days spent in custody. This appeal followed.
On appeal, defendant argues the trial court erred in (1) forcing him to walk in front of the jury and (2) crediting him for 133 days spent in custody instead of 134 days.
The State argues the trial court did not abuse its discretion by ordering defendant to walk before the jury. However, the State concedes the court should have credited defendant for 134 days. This leaves us to determine if the court erred in forcing defendant to walk in front of the jury.
Trial courts have a wide degree of discretion in determining the admissibility of courtroom demonstrations. People v. Summers, 202 Ill. App. 3d 1, 19, 559 N.E.2d 1133, 1144 (1990). Absent an abuse of the court's discretion, the court's ruling whether to allow a demonstration will ...