People v. Taylor
Docket: No. 3-90-0429
Court: Appellate Court of Illinois; January 4, 1991; Illinois; State Appellate Court
Dallas Taylor was convicted of misdemeanor theft and sentenced to 11 months in jail. He appealed the decision, arguing that the State failed to prove beyond a reasonable doubt that he possessed scrap aluminum belonging to Bennett Brosseau Roofing. The key testimony came from Leverne St. Peter, who indicated that Bennett Brosseau kept unmarked scrap aluminum on its property and identified the aluminum the defendant was dragging. However, St. Peter also acknowledged that it seemed Bennett Brosseau was the only entity using that type of aluminum. Deputy Ken Ponton arrested the defendant at the scene and seized the aluminum. The defendant claimed he found the aluminum on property belonging to a feed store and believed it to be abandoned, admitting he did not seek permission from the owner to take it. The court emphasized that proof of ownership or a superior property interest by someone other than the accused is essential for a theft conviction. The State did not provide evidence that Bennett Brosseau was missing any aluminum. While the State referenced similar cases where convictions were upheld despite difficulties in identifying stolen property, the court found those cases inapposite due to the presence of evidence that property was missing from a specific owner, which was lacking in this case. Consequently, the court concluded that the State did not prove the ownership element beyond a reasonable doubt, leading to the reversal of Taylor's conviction. The judgment of the circuit court of Kankakee County was reversed, with Justices Barry and Gorman concurring.