People v. Chai

Illinois Appellate Court
Criminal Court
resisting arrest
Citation
Case Number: 
2014 IL App (2d) 121234
Decision Date: 
Tuesday, August 19, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed in part and affirmed in part.
Justice: 
JORGENSEN
Jury convicted Defendant of criminal trespass to real property and resisting a peace officer, after he lost his temper and swore after DMV staff refused to allow his wife to take road test. Evidence was insufficient to support criminal-trespass conviction, as State failed to prove notice element of offense, that Defendant had received prior notice from owner or occupant that his entry upon property was forbidden. State failed to provide evidence that an owner or occupant authorized or requested police to provide Defendant with notice that he was never to return to DMV. No error in court refusing to define "knowingly" as to charge of resisting a police officer, as "knowingly" was within common knowledge of jury.(BURKE and McLAREN, concurring.)