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People v. Garman

Court of Appeals of Illinois, Third District

August 16, 2016

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
JOHN D. GARMAN, Defendant-Appellant.

         Appeal from the Circuit Court of Peoria County, No. 10-CF-704; the Hon. David A. Brown, Judge, presiding.

          Michael J. Pelletier and Bryon Kohut, both of State Appellate Defender's Office, of Ottawa, for appellant.

          Jerry Brady, State's Attorney, of Peoria (Mark A. Austill, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

          Panel JUSTICE HOLDRIDGE delivered the judgment of the court, with opinion. Justices Carter and Schmidt concurred in the judgment and opinion.

          OPINION

          HOLDRIDGE, JUSTICE

         ¶ 1 The defendant, John D. Garman, was convicted of residential burglary. He now appeals, arguing his counsel provided ineffective assistance in failing to object to testimony identifying the stolen property. The defendant believes the testimony is inadmissible because police unlawfully returned the property to the victims.

         ¶ 2 FACTS

         ¶ 3 The State charged the defendant with residential burglary (720 ILCS 5/19-3(a) (West 2010)). The following evidence was adduced at the jury trial.

         ¶ 4 The victims, Kevin Dixson and Demeca Jackson, lived at 1112 South Matthew in Peoria. Dixson owned a PlayStation 2 (PS2) gaming system and a number of PS2 games. Dixson also owned a PlayStation 3 (PS3) gaming system he recently purchased. Prior to April 4, 2010, the items were in the basement.

         ¶ 5 In the afternoon of April 4, 2010, Dixson and Jackson left their home to visit family. When the two returned, they discovered the Plexiglas covering the back door had been pushed in and the wood frame splintered. The PS3, PS2, and the games were missing. Dixson called the police.

         ¶ 6 Detective Elizabeth Blair investigated the burglary. After the burglary, Blair obtained a search warrant for the defendant's residence. The defendant lived across the street from Dixson and Jackson. Blair searched the defendant's bedroom and recovered a duffel bag containing a PS3 and about 30 games. Blair did not recover a PS2 from the defendant.

         ¶ 7 Dixson came to the police station after the police searched the defendant's home. Dixson provided Blair with a receipt corresponding to the PS3 purchase. The receipt included the PS3 serial number. Dixson also identified the stolen games by title. The police returned a PS3 and several games to Dixson. Blair did not photograph the evidence.

         ¶ 8 Dixson testified that the serial number of the PS3 he received from the police matched the serial number from the receipt. Dixson also identified the games he received from Blair as the same items stolen from his home. Jackson testified similarly to Dixson. According to Jackson, the PS3 and games she and Dixson received from Blair were the same as those stolen from their home.

         ¶ 9 Like Dixson, Blair testified that the serial number provided to her by Dixson matched the serial number of the PS3 Blair recovered from the defendant's bedroom. According to Blair, the items she returned to ...


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