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.
Brady, State's Attorney, of Peoria (Mark A. Austill, of
State's Attorneys Appellate Prosecutor's Office, of
counsel), for the People.
JUSTICE HOLDRIDGE delivered the judgment of the court, with
opinion. Justices Carter and Schmidt concurred in the
judgment and opinion.
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.
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
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 ...