Defendant, then age 68, was convicted of theft of $1.8 million from his employer/business partner's business properties, and sentenced to 12 years. Loan applications on partner's residence were irrelevant to proving theft of business income. Partner's residence was neither part of the business nor did it generate income.Jury heard testimony as to partner's income and properties, and Defendant cross-examined him based on his income tax returns and business documents. Any additional documents, even were they relevant, would have been cumulative. Court properly considered aggravating and mitigating factors, and sentence was within range for Class 1 felony. Court's isolated remark "ask your next question" was a direction to defense counsel to proceed and was not prejudicial.(NEVILLE and SIMON, concurring.)
Illinois Appellate Court
Criminal Court
Theft