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The People of the State of Illinois v. Markiel L. Davis

March 29, 2012

THE PEOPLE OF THE STATE OF ILLINOIS,
PLAINTIFF-APPELLEE,
v.
MARKIEL L. DAVIS,
DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Lake County. No. 09-CF-3656 Honorable Daniel B. Shanes, Judge, Presiding.

The opinion of the court was delivered by: Justice Hudson

JUSTICE HUDSON delivered the judgment of the court, with opinion.

Presiding Justice Jorgensen and Justice Zenoff concurred in the judgment and opinion.

OPINION

¶ 1 Following a jury trial, defendant, Markiel L. Davis, was convicted of criminal trespass to a residence (720 ILCS 5/19-4(a)(2) (West 2008)) and sentenced to 32 months' imprisonment. Defendant appeals, arguing that the State failed to prove beyond a reasonable doubt that he knew that he lacked authority to enter the residence. For the reasons that follow, we affirm.

¶ 2 BACKGROUND

¶ 3 At the jury trial, Xiomera Hernandez Martinez gave the following testimony. She had worked as a housekeeper in the home of Robert Semrad for three years. Around 11 a.m. on September 10, 2009, she was cleaning the kitchen of the Semrad home when defendant entered the house through the kitchen door. Martinez had never seen defendant before. After entering the house, defendant took off his shoes. Martinez asked defendant who he was, and defendant responded, "What's up?" Defendant then proceeded to the second floor of the house, after which he went to the basement. He continued to walk around the house for approximately 20 to 30 minutes. Martinez did not see defendant take anything from the house.

¶ 4 James Krause testified as follows. On September 10, 2009, he was working as a drapery installer at the Semrad residence. While in the dining room taking measurements, Krause observed a man "walking very exaggeratedly, slowly and looking around as though he were in a museum or something, but walking really slow." After Krause finished measuring in the dining room, he located Daniel Rangelov, an employee of Semrad, to show him the other rooms that needed to be measured. While heading to the master bedroom with Rangelov, Krause observed the same man walking slowly up the stairs from the lower level of the house. Krause did not see the man attempting to hide, carrying anything, or doing anything other than walking very slowly around the house.

¶ 5 Semrad gave the following testimony. He lived in a large house in Highland Park, Illinois. The house was located on a street with approximately 25 houses, but his house was rather secluded, as it was on a cul-de-sac and backed up to a ravine. His house was one of the largest houses on the street. On the morning of September 10, 2009, he and his wife accompanied their daughter to the nearby elementary school. When they arrived home at approximately 11:30 a.m., they were met by their nanny, who told them that there was a strange, unknown man in the house. Semrad ran into the house to make sure everyone was okay. The man was no longer there. Semrad spoke to Rangelov about what happened and then called the police. Semrad did not know defendant and never gave defendant permission to be in the residence.

¶ 6 Rangelov testified as follows. He had worked for Semrad since April 2009. His office was located in the Semrad residence. On the morning of September 10, 2009, he let Krause into the house to take measurements for draperies. After Krause completed the dining room measurements, he asked Rangelov to show him the master bedroom. As Rangelov was taking Krause to the master bedroom, he saw defendant in the hallway by the stairs. He did not know defendant and did not believe that he belonged in the house. Rangelov had not given defendant permission to be in the house. After showing Krause the master bedroom, Rangelov ran downstairs to ask defendant what he was doing in the house. As he got downstairs, Rangelov heard the door by the garage slam. Rangelov opened the door and saw defendant walking down the driveway. Rangelov asked defendant who he was looking for, and defendant turned around and took two steps back toward the house. Defendant did not say anything and then turned around again and got into his car. Rangelov then had a conversation with Martinez about defendant. After talking to Martinez, Rangelov ran to his office to get his camera. He then ran to the laundry room and videotaped defendant's vehicle from the window, after which he called Semrad to report what happened.

¶ 7 Detective Scott Fishman of the Highland Park police department gave the following testimony. On September 10, 2009, he was called to investigate the presence of an unknown man at the Semrad residence. Fishman ran the license plate of the vehicle in Rangelov's video and learned that the vehicle was registered to defendant. Fishman prepared a photo lineup that included a picture of defendant. Martinez and Rangelov both identified defendant in the lineup as the man whom they saw in the Semrad residence.

¶ 8 The jury found defendant guilty, and the trial court sentenced defendant to 32 months' imprisonment. Defendant then filed this timely appeal.

¶ 9 ANALYSIS

ΒΆ 10 On appeal, defendant contends that the State failed to prove him guilty beyond a reasonable doubt, because it failed to prove that he knew he lacked authority to enter the Semrad residence. We conclude that it was unnecessary for the State to prove that ...


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