People v. Witherspoon

Illinois Appellate Court
Criminal Court
Home Invasion
Citation
Case Number: 
2017 IL App (4th) 150512
Decision Date: 
Wednesday, December 6, 2017
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Affirmed in part and reversed in part; remanded with directions.
Justice: 
STEIGMANN

A defendant is not guilty of home invasion when, with the resident's consent, he enters that resident's dwelling place even though his doing so is in violation of a court order. Court erred in ruling that resident's permission was irrelevant because Defendant's entry into residence was in violation of conditions of his bail bond. (TURNER and APPLETON, concurring.)