People v. Brown

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2017 IL App (1st) 142877
Decision Date: 
Monday, March 27, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
CONNORS

(Modified upon denial of rehearing 4/24/17.) Defendant was convicted, after bench trial, of burglary and sentenced to 9 years. Defendant entered vacant home, moved his possessions in, and pried locks open; Defendant later stated that he believed he owned house because he was establishing adverse possession. Court erred in refusing to admit statements offered to show why Defendant acted as he did. However, error was not reversible error, as there was ample additional testimony as to Defendant's alleged attempt to acquire house through adverse possession. Defense counsel was not ineffective for failing to raise hearsay issue in a posttrial motion,or by failing to file motion to reconsider sentence.(SIMON and MIKVA, concurring.)