Defendant was convicted, after his 1st trial, of aggravated possession of a stolen motor vehicle that was inoperable and left parked on the streets of Chicago. On remand, Defendant was convicted after a jury trial, of aggravated possession of a stolen vehicle. Record contains some evidence that Defendant made a mistake of fact in relying on Defendant's co-worker's legitimate purchase of the vehicle from the owner's husband, and some evidence is all the law requires before giving the jury instruction as to a mistake of fact. Defendant's knowledge of the vehicle's status as stolen was the principal issue at trial. The owner's husband must have committed perjury at one trial or the other, as his testimony at 1 trial completely contradicted his testimony at the other. Record contained more than some evidence that any reliance on the vehicle owner's husband for facts was a mistake. (REYES and MARTIN, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions