People v. Dinelli

• Decision Date: 15 December 2005
• Docket Number: No. 98621.,98621.
• Parties: THE PEOPLE of the State of Illinois, Appellant, v. Jessica C. DINELLI, Appellee.
• Court: Illinois Supreme Court

841 N.E.2d 968

217 Ill.2d 387

THE PEOPLE of the State of Illinois, Appellant, v. Jessica C. DINELLI, Appellee.

No. 98621.

Supreme Court of Illinois.

December 15, 2005.

COPYRIGHT MATERIAL OMITTED

Lisa Madigan, Attorney General, Springfield, and Joseph E. Birkett, State's Attorney, Wheaton (Gary Feinerman, Solicitor General, and Linda D. Woloshin and David H. Iskowich, Assistant Attorneys General, Chicago, of counsel), for the People.

George Patrick Lynch, Lisle, for appellee.

Justice KILBRIDE delivered the opinion of the court:

In this appeal we are asked to review the constitutionality of section 4-103(a)(1) of the Illinois Vehicle Code (Code) (625 ILCS 5/4-103(a)(1) (West 2000)). Section 4-103(a)(1) provides the trier of fact may infer that a person exercising exclusive unexplained possession over a stolen vehicle has knowledge the vehicle is stolen, regardless of when it was stolen. 625 ILCS 5/4-103(a)(1) (West 2000).

Defendant was charged in Du Page County with unlawful possession of a stolen motor vehicle and unlawful possession of a converted motor vehicle, in violation of section 4-103(a)(1). The State dismissed the conversion count and defendant pleaded guilty to unlawful possession of a stolen motor vehicle. Defendant subsequently sought to withdraw her guilty plea and challenged the constitutionality of section 4-103(a)(1). Defendant also argued the Du Page County charge should be dismissed based on double jeopardy because she had also pleaded guilty to criminal trespass to the same vehicle in Cook County and the unlawful possession of a stolen motor vehicle charge in Du Page County was the same continuing transaction.

The Du Page County circuit court allowed defendant to withdraw her guilty plea and denied her motion to dismiss based on double jeopardy. The circuit court then dismissed the unlawful possession of a stolen motor vehicle charge, finding the permissive inference of section 4-103(a)(1) unconstitutional based on this court's decision in People v. Greco, 204 Ill.2d 400, 274 Ill.Dec. 73, 790 N.E.2d 846 (2003). The State appealed pursuant to Supreme Court Rules 603 and 604(a)(1) (134 Ill.2d R. 603; 188 Ill.2d R. 604(a)(1)).

We hold the circuit court prematurely held the statute unconstitutional as applied to defendant and it was error to dismiss the indictment on that ground. We further hold that defendant's claim of double jeopardy does not support the circuit court's ruling dismissing the indictment. Consequently, we reverse that part of the order of the circuit court of Du Page County dismissing the indictment and remand for further proceedings. Because the State does not dispute the propriety of the circuit court allowing defendant to withdraw her guilty plea, we therefore affirm that ruling.

I. BACKGROUND

Initially, we are compelled to remark upon the extremely confusing and perplexing facts, pleadings, transcripts, and record in this case. The following background best details the trials and tribulations befalling this obviously troubled young woman who apparently suffers from psychiatric and eating disorders and a heroin addiction.

Defendant's troubles began on March 24, 2002, in Cook County when a verified complaint charged her with criminal trespass to a vehicle (720 ILCS 5/21-2 (West 2000)). The complaint alleged she knowingly and without legal justification entered the vehicle of Martin J. Corzine without his permission. The complaint named "Corzine J. Martin" as the complainant, but was signed by an unknown person "for Martin Corzine." The complaint further states, "Corzine J. Martin, being duly sworn on oath, deposes and says that he read the foregoing complaint by him subscribed and that the same is true." Inexplicably, the attestation clause is again signed by an unknown person "for Martin Corzine." The attestation clause appears to be verified by a deputy clerk.

On February 18, 2003, defendant was transported from the Du Page County jail to Cook County and pleaded guilty to that charge. She was sentenced to a term of 116 days in jail, with credit for 116 days served in Du Page County, where she was being held on the charge resulting in the ruling we now review. The basis for this sentencing credit for time served in another county on a completely different charge does not appear in the record, and is not an issue in this appeal.

Also on March 24, 2002, a criminal complaint was filed in the Circuit Court of Du Page County against defendant, alleging that on or about March 4, 2002, she committed the offense of unlawful possession of a stolen vehicle, in violation of section 4-103(a)(1) of the Code (625 ILCS 5/4-103(a)(1) (West 2000)), a Class 2 felony. The complainant is listed as "Ofc. LeJeune." The signature on the complaint is unreadable and, as later explained, was signed by Officer LeJeune. Martin J. Corzine is listed as a witness on the complaint. As later explained, Martin Corzine, the owner of the vehicle, refused to sign the complaint. An arrest warrant was issued upon this complaint.

Thereafter, the State commenced a felony prosecution by indictment. On April 11, 2002, a Du Page County grand jury indicted defendant on one count of unlawful possession of a stolen motor vehicle and one count of unlawful possession of a converted motor vehicle. 625 ILCS 5/4-103(a)(1) (West 2000). The indictment indicates the only witness testifying before the grand jury was Officer LeJeune. It appears that on April 11, 2002, defendant was released on bond.

Defendant was charged under section 4-103(a)(1) of the Code, stating:

"A person not entitled to the possession of a vehicle or essential part of a vehicle to receive, possess, conceal, sell, dispose, or transfer it, knowing it to have been stolen or converted; additionally the General Assembly finds that the acquisition and disposition of vehicles and their essential parts are strictly controlled by law and that such acquisitions and dispositions are reflected by documents of title, uniform invoices, rental contracts, leasing agreements and bills of sale. It may be inferred, therefore[,] that a person exercising exclusive unexplained possession over a stolen or converted vehicle or an essential part of a stolen or converted vehicle has knowledge that such vehicle or essential part is stolen or converted, regardless of whether the date on which such vehicle or essential part was stolen is recent or remote[.]" 625 ILCS 5/4-103(a)(1) (West 2000).

On August 6, 2002, defendant failed to appear for a status hearing and a bench warrant was issued. The bench warrant was vacated when defense counsel disclosed that defendant had been admitted to three different hospitals on four different occasions during August for psychiatric, gallbladder and appendix problems, and for surgery. She was finally released from the last hospital on September 22, 2002. It appears that defendant was subsequently arrested for failure to appear on an October 25, 2002, court date and no bond was fixed. On November 13, 2002, a full cash bail of $100,000 was set, then reduced to a $100,000 bond, 10% to apply. Defendant was apparently unable to make bond and was held in the Du Page County jail, where she remained a total of 116 days.

To participate in the Du Page County drug court program for inpatient treatment of her heroin addiction, defendant pleaded guilty to unlawful possession of a stolen motor vehicle on January 28, 2003, and the State dismissed the unlawful possession of a converted motor vehicle charge. Defendant was released from jail on February 20, 2003, for substance abuse treatment. On March 11, 2003, defendant was returned to jail when she was dismissed from the inpatient program. On April 28, 2003, defendant was released from jail to enter another inpatient substance abuse program. On June 12, 2003, defendant was once again returned to jail, apparently for failing to complete successfully the substance abuse program. Beginning June 25, 2003, defendant was released from jail to the custody of her parents for a few hours each day for intensive outpatient treatment for her eating disorder, psychological services, meetings, and work release. She was then released from jail on September 22, 2003. On September 28, 2003, defendant was again taken into custody and held in jail on $50,000 full cash bail. On October 7, 2003, the State petitioned to discharge defendant from the drug court program due to noncompliance.

In response, on November 13, 2003, defendant filed a motion to dismiss the indictment, alleging the statute was unconstitutional as a violation of due process. Defendant also brought a double jeopardy challenge, based on her pleading guilty to criminal trespass to a vehicle, a lesser-included offense of unlawful possession of a stolen motor vehicle, in Cook County on February 18, 2003. Defendant further sought to withdraw her guilty plea based on newly discovered evidence that Corzine's testimony would exculpate her.

On January 22, 2004, the circuit court held a hearing on defendant's double jeopardy challenge. Martin Corzine testified he had known defendant for years and loaned her one of his automobiles on or about March 4, 2002. He never told anyone defendant stole the vehicle, nor did he request she return the car. Rather, he voluntarily gave defendant the car and never filed a stolen automobile report. Defendant's mother called him a number of times in mid-March 2002, and informed him that defendant was in the hospital and that the car was at their home and he could pick it up. Corzine responded he would pick the car up at his convenience. Defendant's parents later informed him that defendant was released from the hospital and had taken the car. Corzine indicated his only reason for contacting the police was his concern for defendant's safety.

Defendant's mother, Karen Dinelli, testified that defendant lived at her home during March 2002 and that Corzine loaned defendant his vehicle. Defendant was hospitalized during...