People v. Gharrett

Illinois Appellate Court
Criminal Court
Burglary
Citation
Case Number: 
2016 Il App (4th) 140315
Decision Date: 
Wednesday, April 27, 2016
District: 
4th Dist.
Division/County: 
DeWitt Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
STEIGMANN

Defendant was convicted, after jury trial, of burglary and contributing to criminal delinquency of a minor, after he allegedly enlisted help of his wife's 2-year-old daughter to steal cash and checks from office within Secretary of State building. Evidence was sufficient to prove that Defendant entered the office without authority, as he entered office a second time. Employee's testimony that video showing Defendant carrying something in his right hand that was consistent with bundle of cash and checks that she had earlier put in office desk was rationally based on witness' perception, and did not depend on whether she had personal knowledge of actual objects or actions depicted by video. Thus, her opinion was the kind of opinion that a layperson could normally draw, and it was helpful to a clear understanding of fact in issue. Evidence was insufficient to prove Defendant guilty beyond a reasonable doubt of contributing to criminal delinquency of a minor, as evidence failed to show that Defendant directed child to run toward office area.(HOLDER WHITE and APPLETON, concurring.)