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People v. Flanagan

Appellate Court of Illinois, Fourth District

May 16, 1985, Filed

No. 4-84-0787

Opinion

 [*2]   [**666]   [****351]  Defendant was charged by information, filed April 9, 1984, in the circuit court of Woodford County, with the offenses of criminal trespass to land and resisting a peace officer. (Ill. Rev. Stat. 1983, ch. 38, pars. 21 -- 3, 31 -- 1.) Following a bench trial on August 15, 1984, defendant was found guilty of each offense, sentenced to a one-year term of court supervision, and ordered to pay restitution for expenses incurred by the two police officers involved in the arrest which defendant resisted.

On appeal defendant raises two issues for our consideration: (1) whether defendant could properly be convicted [***2]  of criminal trespass to land upon which he resided with the permission of the owner; and (2) whether the trial court erred in ordering restitution for expenses incurred by one officer whom defendant was not expressly charged with resisting.

The incident giving rise to the convictions in this case occurred on April 4, 1984, at the home of defendant's mother in Eureka. Defendant had recently moved  [**667]   [****352]  back into the house occupied by his mother where he had resided periodically during his adult life; defendant was 25 years old at the time of the incident.

The testimony of defendant and his mother, Mary Ann Flanagan, indicated that on the evening of April 4, 1984, an argument developed between the two over money. Defendant called the Eureka city police department requesting an officer come to the residence in order to assist in resolving the dispute. Eureka city police officer C. W. Lenover responded to the call and shortly thereafter chief of police Gerald Reinman was also summoned to the home.

 [*3]  At the bench trial, the testimony of Chief Reinman and Officer Lenover as to what then transpired differed sharply from the version of events according to defendant [***3]  and his mother. The police officers stated that Mrs. Flanagan repeatedly requested her son to leave the house and demanded his house key. Defendant eventually left the house voluntarily but refused the repeated requests of the officers to surrender his house key. Instead, according to the officers, defendant began walking to his car, at which point Chief Reinman seized defendant by his arm. A scuffle ensued during which defendant was subdued and placed in handcuffs; Officer Lenover sustained minor injuries during the melee and clothing worn by Chief Reinman was damaged.

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133 Ill. App. 3d 1 *; 478 N.E.2d 666 **; 1985 Ill. App. LEXIS 1917 ***; 88 Ill. Dec. 351 ****

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PHILLIP A. FLANAGAN, Defendant-Appellant

Subsequent History:  [***1]  Rehearing Denied June 13, 1985.

Prior History: Appeal from the Circuit Court of Woodford County; the Hon. John P. Freese, Judge, presiding.

Disposition: Affirmed in part and reversed in part.

CORE TERMS

criminal trespass, restitution, resisting, permission of the owner, house key

Criminal Law & Procedure, Burglary & Criminal Trespass, Criminal Trespass, Elements, Theft & Related Offenses, General Overview, Governments, Legislation, Interpretation, Sentencing, Restitution