from the Circuit Court of the 14th Judicial Circuit No.
14-CF-253, Whiteside County, Illinois. The Honorable Stanley
B. Steines, Judge, presiding.
Attorneys for Appellant: James E. Chadd, Peter A. Carusona,
and James Wozniak, of State Appellate Defender's Office,
of Ottawa, for appellant.
Attorneys for Appellee: Terry A. Costello, State's
Attorney, of Morrison (Patrick Delfino, David J. Robinson,
and Justin A. Nicolosi, of State's Attorneys Appellate
Prosecutor's Office, of counsel), for the People.
JUSTICE McDADE delivered the judgment of the court, with
opinion. Justices O'Brien and Lytton concurred in the
judgment and opinion.
1 The defendant, Frederick L. Holt, was convicted of burglary
(720 ILCS 5/19-1(a) (West 2014)) and retail theft
(id. § 16-25(a)(1)) and was sentenced to
concurrent prison terms of eight and three years,
respectively. On appeal, Holt argues that (1) the State
failed to prove that he committed the offense of burglary,
(2) the State failed to prove him guilty beyond a reasonable
doubt of retail theft, and (3) he is entitled to a new trial
due to prosecutorial misconduct in closing arguments. In our
opinion filed March 7, 2019, we affirmed, unanimously,
defendant's conviction for retail theft and reversed his
conviction for burglary, with Justice Lytton dissenting from
that part of the decision.
2 On September 25, 2019, the Illinois Supreme Court denied
the petition for leave to appeal filed in this case by the
State and issued the following supervisory order:
"In the exercise of this Court's supervisory
authority, the Appellate Court, Third District, is directed
to vacate its judgment in People v. Holt, case No.
3-16-0504 (03/07/19). The appellate court is directed to
consider the effect of this Court's opinion in People
v. Johnson, 2019 IL 123318, on the issue of whether the
State failed to prove that defendant committed the offense of
burglary and determine if a different result is
warranted." People v. Holt, No. 124739 (Ill.
Sept. 25, 2019) (supervisory order).
we vacate our earlier judgment in this case and render the
4 On July 23, 2014, the State charged Holt with burglary and
retail theft. The charges stemmed from an incident that took
place at a Walmart in Rock Falls on July 22, 2014. The State
alleged that on July 22, 2014, Holt (1) entered Walmart
without authority and with the intent to commit theft and (2)
stole 11 T-shirts, three packages of socks, and a dress, all
of which had a total value of less than $300.
5 The circuit court held a jury trial on February 11 and 12,
2015. Amanda Peppers testified that she was shopping with her
nephew in the Rock Falls Walmart on July 22, 2014. When she
was in the parking lot getting ready to leave, her nephew
pointed out two males, one of whom she identified as Holt,
who were coming out of the store. Peppers stated that she
observed the males reach behind the soda machines, pull out
backpacks, take items out of their clothes, and place the
items in the backpacks. She testified that she observed Holt
take "something long and orange, like a fabric of some
sort" out of his pants and place it in a red and black
backpack. Peppers further stated that the two males walked
back into the vestibule by the Coinstar machine, but she
could not see what they were doing. Then, the males walked
back into the store. She stated that the males carried the
backpacks into the vestibule by the Coinstar machine, but
when they reentered the store, they were no longer carrying
6 Peppers called the police. Subsequently, she saw the males
exit Walmart separately. When Holt left the store, he was not
carrying anything. He sat on a bench outside the door.
7 After the police arrived and arrested the other male,
Peppers exited her vehicle and approached Rock Falls police
officer James Hollaway. While they were talking, she noticed
a red and black backpack on top of the Coinstar machine.
8 On cross-examination, Peppers stated that she saw the males
inside the store while she was shopping, but she did not see
them steal anything. Peppers also admitted that she "may
have" told Hollaway that she "was tired of these
people going in the store and stealing stuff." She
acknowledged that both males were black.
9 Hollaway testified that when he arrived on the scene, he
noticed a red and black backpack on the Coinstar machine in
the store's vestibule. He took the backpack over to Holt
and, after being informed that Holt had already been
Mirandized (see Miranda v. Arizona, 384 U.S. 436
(1966)), asked if it was his; Holt said no. Hollaway told
Holt the backpack was abandoned property, so he opened it and
found girl's clothing and a transit identification (ID)
card that did not bear Holt's name. When asked about the
ID card, Holt said it was his friend's card.
10 Hollaway testified that the backpack contained three packs
of socks, a dress, a pair of pants, and a two-piece shirt
set. He described the packs of socks and noted that one of
them did not have a sticker on it. He stated that neither the
dress nor the pants had tags on them, but the exhibit
contained a tag that he believed was from the dress. He read
the tag: "Hello Kitty thirteen ninety seven, high low
dress." He also described the shirt set as "Faded
Glory, two-piece set size five, says Walmart.com, rack 15,
$7.92." There was an owl on the shirt that matched owls
on the purple pants. Hollaway also described the 11 T-shirts
that were found on Holt's person. All of the T-shirts
were priced at $4.88 or $4.97.
11 Hollaway testified that he concluded the items had been
stolen because there were no receipts and no proof that Holt
had paid for the items. He stated that the store manager had
scanned the items and determined that they all were items
offered for sale by Walmart. ...