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People v. McCann

Court of Appeals of Illinois, First District, Third Division

October 26, 2016

ERIC McCANN, Defendant-Appellant.

         Appeal from the Circuit Court of Cook County, No. 11 CR 16051 Honorable Timothy Joseph Joyce, Judge Presiding.

          JUSTICE COBBS delivered the judgment of the court, with opinion. Presiding Justice Fitzgerald Smith and Justice Pucinski concurred in the judgment and opinion.



         ¶ 1 Following a joint bench trial, defendant Eric McCann and codefendant Eugene Harris[1]were convicted of burglary. The trial court sentenced defendant to seven years' imprisonment as a Class X offender based upon his criminal history. On appeal, defendant solely contends that the State failed to prove him guilty beyond a reasonable doubt because the trailer that was entered did not constitute a "building" under the burglary statute. We affirm.

         ¶ 2 Defendant and codefendant were jointly charged with one count of burglary. The charging instrument alleged that "they, knowingly and without authority entered a building, to wit: a trailer, the property of Alexander Matos, located at 401 N. Damen Avenue *** with the intent to commit therein a theft."

         ¶ 3 At trial, Alexander Matos testified that he leased space in an open parking lot at 401 North Damen Avenue where he parked his 36-foot enclosed two-car racing trailer. The trailer contained all of his property that he used at the race track, including engine parts, battery chargers, and all of his tools. About 7 p.m. on August 29, 2011, Matos left his trailer locked in an "untouched" condition, with a large master padlock on the back door and dual locks on the right side door.

         ¶ 4 About 5:30 the following morning, Matos returned to his trailer and observed that it was still locked and in an untouched condition. At that time, Matos also observed defendant and codefendant walking eastbound with a shopping cart about 40 to 50 feet from his trailer, which was parked facing east. Matos recognized defendant and codefendant from the neighborhood, and knew defendant by his nickname "Ponytail." Matos then left the parking lot and went to work at his nearby mechanic shop.

         ¶ 5 About 8:30 that morning, Matos returned to his trailer and observed that the side door was broken and swung completely open, and the back door was cracked open and bent with the padlock and aluminum guardrail hanging from it. Matos ran inside his trailer and discovered that nearly all of his property was gone, including his racing parts, aluminum rods, titanium pistons, copperhead gaskets, two 16-volt battery chargers, and his telescopic mirror set.

         ¶ 6 Matos called John Mandik, a business acquaintance at Service Battery, Incorporated, which is a recycling facility that buys and sells aluminum and copper, located at 2048 West Hubbard Street. Matos then went to that location and saw several items of his property, including his rods, pistons, copper gaskets, and valve covers. While there, Matos viewed a surveillance video recorded at 7:35 that morning, which showed defendant and codefendant bringing Matos's property to the facility. While the surveillance video was played for the court, Matos identified defendant and codefendant removing several items of his property from a bag. Later in the video, the defendants returned with more of Matos's property, including his tool chest, which contained several pieces of equipment.

         ¶ 7 About 10:20 a.m., Matos called his friend Hector Badillo, who owns a body shop at 1917 West Lake Street. Badillo told Matos that defendant was trying to sell him Matos's droplights. Matos then went to the body shop and saw Badillo holding defendant down on the floor while codefendant Harris stood near the shop door. Police arrived within minutes, and Matos told them that the defendants had broken into his trailer and stolen his property.

         ¶ 8 In court, Matos identified photographs of his trailer taken after the burglary. Matos testified that he never gave either of the defendants permission to enter his trailer, nor did he give them permission to remove any of his property. Matos estimated that over $6000 worth of tools were stolen from his trailer, only some of which was recovered.

         ¶ 9 Chicago police officer Johnny Estrada testified that at about 10:30 a.m. on August 30, 2011, he was on patrol with his partner, Officer Hidalgo, near 1917 West Lake Street when Matos waved him down and said someone was being held whom he wanted the police to arrest. Officer Estrada entered the body shop and saw defendant being held down on the floor by another man. Officer Estrada knew defendant as "Ponytail" from prior encounters in the area. Codefendant Harris was standing nearby, calmly watching defendant struggle on the floor. Both defendants were arrested and transported to the police station. After being advised of his Miranda rights, defendant told Officer Estrada that he "got the stuff off the trailer at the Safelight Glass." Officer Estrada explained that Safelight Glass is located next to the parking lot where Matos's trailer was parked. During a custodial search, Officer Estrada recovered from defendant's back pocket a telescopic mirror used by mechanics to inspect vehicle engines.

         ¶ 10 Chicago police detective Daniel Switalski testified that during his investigation of the burglary, he advised defendant of his Miranda rights, at which time defendant initially told him that he and Harris had found the items in a dumpster. About two hours later, Detective Switalski again spoke with defendant and confronted him with a statement made by codefendant Harris. Defendant then admitted that he went behind the trailer and broke the lock, and that both he and Harris entered the trailer and removed items from therein. Defendant further stated that if he was the only person who had committed the offense, then he would have all of the money instead of just half.

         ¶ 11 The trial court found the testimony from Matos, Officer Estrada, and Detective Switalski credible, and found both defendant and codefendant guilty of burglary. The court subsequently sentenced defendant to seven years' ...

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