People v. Day

Illinois Appellate Court
Criminal Court
Theft
Citation
Case Number: 
2011 IL App (2d) 091358
Decision Date: 
Tuesday, August 30, 2011
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
(Court opinion modified 10/27/11 upon denial of rehearing.) Defendant attorney was convicted, after bench trial, of theft and forgery as to her former law firm partner. As to the value-of-the-property element of theft, State is not required to prove a defendant's interest in wrongfully taken property. Evidence was sufficient to show theft of currency over $100,000. Rational trier of fact could have concluded that Defendant intended to permanently deprive law firm or partner of wrongfully taken funds; evidence showed that partners agreed that Defendant would take payments only via payroll checks. (BURKE and BIRKETT, concurring.)