from the Circuit Court of Boone County. No. 15-CF-173
Honorable C. Robert Tobin III, Judge, Presiding.
JUSTICE JORGENSEN delivered the judgment of the court, with
opinion. Presiding Justice Hudson and Justice Birkett
concurred in the judgment and opinion.
1 Following a jury trial, defendant, Jamison L. Moore, was
convicted of burglary (720 ILCS 5/19-1(a) (West 2014)) and
retail theft (id. § 16-25(a)(1)). The trial
court sentenced him to concurrent prison terms of 10 years
for burglary and a 6-year extended term for retail theft. He
appeals, contending that (1) he was not proved guilty beyond
a reasonable doubt of burglary where he entered a Walmart
store during regular business hours and remained in publicly
accessible areas of the store; (2) the State failed to prove
that he intended to commit a theft when he entered the store
or that he was accountable for the conduct of his cousin,
Adrian Moore, who stole merchandise from the store; and (3)
if we affirm both convictions, we must vacate the
extended-term sentence for retail theft. We agree only with
defendant's final contention. Thus, we vacate the
extended-term portion of the retail-theft sentence but affirm
in all other respects.
2 I. BACKGROUND
3 On August 7, 2015, Michael Eby took a break from his job as
a manager at the Belvidere Walmart to go outside for a
cigarette. As he left the store, two men, later identified as
Adrian and defendant, caught his attention. Adrian was
carrying a diaper bag although neither man had a baby with
him. Eby watched the men enter the store. He went to check on
them and found them in the liquor department. Adrian left the
store alone, carrying the diaper bag with liquor bottles in
it. He walked past the cash registers without paying for the
4 Eby followed Adrian to the parking lot, where he got in a
black sport-utility vehicle (SUV) being driven by a black
woman. Eby yelled at two employees in the parking lot to get
the vehicle's license number while he called 911. The SUV
backed up and left the parking lot rapidly. Eby saw defendant
leave the store a short time later. Defendant walked by Eby,
then headed back toward the store before running to the road
and out of sight.
5 Eby went back to the store to pull up the surveillance
video. He saw that four bottles of liquor had been taken.
6 According to Eby, the video showed that Adrian followed
defendant into the liquor department. Defendant then returned
to the department's entrance and remained there for a few
seconds. When another couple approached the department,
defendant walked away. He walked past the self-check
registers and remained on the sales floor for about 30
7 Eby later viewed other portions of the video. One such
portion showed defendant and Adrian being dropped off just
outside the store entrance, then entering the store together.
Once they entered the liquor department, the two men made eye
contact but, as the video had no sound, Eby could not tell
what if anything was said. The video showed Adrian
immediately take four bottles of vodka from the top shelf,
put them in the bag, and leave. Defendant, meanwhile, walked
toward the service desk, turned a corner, looked at an ATM,
then turned and left the store by the same door through which
8 Belvidere police officer Richard Zapf apprehended defendant
at the corner of Genoa Road and Chrysler Drive, near the
Walmart, at around 7 p.m. Defendant was sweating, breathing
heavily, and nervous. He said that he had walked to the
Walmart to do some shopping.
9 Officer Michele Bogdanas arrived. She handcuffed defendant
and returned him to the front of the Walmart. Defendant's
wallet contained a few cards, but no cash. According to
Bogdanas, the license number of the SUV that drove away from
the store was registered to Tannah Moore, defendant's
10 Officer Todd Moore also responded to the scene. Defendant
told Officer Moore that he walked to the store to get some
snacks but forgot his wallet at home. He initially said that
he went to the store alone. When asked who the "other
guy" was, he said that his name was James.
11 Defendant later told police that he went to the store with
a cousin but did not want to give the cousin's name. The
next day, after receiving a call from defendant's wife,
Officer Moore spoke with defendant at the county jail.
Defendant said that his cousin's name was Adrian Moore.
He showed Adrian where the liquor section was because Adrian
had never been in ...