People v. Lattimore

Illinois Appellate Court
Criminal Court
Battery
Citation
Case Number: 
2011 IL App (1st) 093238
Decision Date: 
Friday, September 2, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed; mittimus corrected.
Justice: 
R.E. GORDON
Defendant was convicted, after bench trial, of aggravated battery and retail theft. A private security officer can qualify as a "merchant" under Section 12-4(b)(15), the aggravated battery of a merchant provision. Security officer, who wore uniform pants and jacket with security company's name on it, was an "independent contractor" of retail store and thus qualifies as a "merchant" under Section 16A-2.4. State did not need to prove that Defendant knew precise nature of security officer's employment relationship with store to prove that he knew he was a merchant. (GARCIA and McBRIDE, concurring.)