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People v. Moore

Court of Appeals of Illinois, Second District

June 6, 2018

JAMISON L. MOORE, Defendant-Appellant.

          Appeal 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 liquor.

         ¶ 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 seconds.

         ¶ 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 they entered.

         ¶ 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 wife.

         ¶ 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 ...

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