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People v. Taylor

Court of Appeals of Illinois, Third District

June 18, 2019

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
SHAWN MICHAEL TAYLOR, Defendant-Appellant.

          Appeal from the Circuit Court of the 10th Judicial Circuit No. 16-CF-395, Peoria County, Illinois, Honorable John P. Vespa, Judge, Presiding.

          JUSTICE WRIGHT delivered the judgment of the court, with opinion. Justices McDade and O'Brien concurred in the judgment and opinion.

          OPINION

          WRIGHT, JUSTICE.

         ¶ 1 Defendant, Shawn Michael Taylor, challenges his conviction for attempted residential burglary and requests a new trial. On appeal, he argues that an officer's reference to reading his Miranda rights (see Miranda v. Arizona, 384 U.S. 436 (1966)) violated defendant's fifth amendment rights, as well as Illinois's prohibition on postarrest silence. He also argues that the State, in closing arguments, improperly shifted the burden of proof. We affirm.

         ¶ 2 I. BACKGROUND

         ¶ 3 The State charged defendant via indictment with attempted residential burglary (720 ILCS 5/8-4(a), 19-3 (West 2016)). The indictment alleged that defendant removed glass from a window and cut the screen on a door to the home of Linda and Charles Kuhn, with the intent to unlawfully enter and commit a theft therein. Defendant's jury trial commenced on August 23, 2016.

         ¶ 4 At trial, Charles Kuhn testified that he was 71 years old. In the early morning hours on May 26, 2016, he and his wife were asleep. He was awoken around midnight when he heard a loud sound, "like a loud bang or *** something hitting the house." This sound was followed by "heavy pounding [or] heavy kicking" on the house. He testified that this banging sound recurred at least 10 times. Charles looked outside and saw two individuals leaving his backyard. Charles testified he did not go back to sleep. Around 1 a.m., he heard more noise coming from the backyard. He looked out and saw two people standing near the corner of his deck. He called 911.

         ¶ 5 When officers arrived, Charles inspected the perimeter of his house with them. They discovered that the screens on a back door and an adjacent laundry room door had been cut. They also discovered that panes of glass had been pried from a window and were lying broken on the ground. Some motion-activated floodlights on the exterior of the house had been unscrewed.

         ¶ 6 Brian Richards of the Peoria Police Department testified that he and Officer Dave Buchanan arrived on the scene and proceeded separately on foot. Richards heard Buchanan yell that he was pursuing two people running southbound. Richards proceeded to the south of the Kuhn residence and saw a male running and wearing a dark hooded sweatshirt and khaki pants. Richards testified that he had come into contact with defendant later that night, and that he was wearing clothing similar to the person he had observed running away from him.

         ¶ 7 On cross-examination, defense counsel engaged in the following colloquy with Richards:

"Q. Now, you stated that you had occasion to meet with [defendant] later. When was that?
A. When he was brought to Teton and University in a squad car.
Q. About what time would that have been?
A. Probably 1:10 approximately.
Q. Okay. So not long after you got there?
A. Correct.
Q. And how close were you to ...

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