The People Of The State Of Ill. v. Norris

• Decision Date: 30 March 2010
• Docket Number: No. 3-08-0758.,3-08-0758.
• Citation: 929 N.E.2d 1149,399 Ill.App.3d 525,341 Ill.Dec. 70
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee,v.Jimmy NORRIS, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

399 Ill.App.3d 525
929 N.E.2d 1149
341 Ill.Dec. 70

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Jimmy NORRIS, Defendant-Appellant.

No. 3-08-0758.

Appellate Court of Illinois,
Third District.

March 30, 2010.

929 N.E.2d 1150

Kerry J. Bryson (argued), Office of the State Appellate Defender, Ottawa, IL, for Jimmy Norris.

Terry A. Mertel, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, IL; Terence M. Patton, State's Attorney, Cambridge, IL; Mark A. Austill (argued), State's Attorneys Appellate Prosecutor, Ottawa, IL, for People.

Justice CARTER delivered the opinion of the court:

After a jury trial, defendant, Jimmy Norris, was convicted of two counts of attempted theft by deception and one count of violation of an order of protection. Defendant was sentenced to 14 years' imprisonment for the first count of attempted theft by deception and to two concurrent terms of 364 days in county jail for the two remaining offenses. Defendant appeals his conviction on the first count of attempted theft by deception, arguing that he was not proven guilty of that offense beyond a reasonable doubt. We affirm defendant's convictions and sentences.

FACTS

The facts necessary to resolve this appeal can be summarized as follows. Helen and Frank Collins were an elderly couple that lived in Henry County. Defendant had worked for Helen and Frank for several years as a farm hand. In November of 2006, Helen obtained a plenary order of protection against defendant, which prohibited defendant from making either direct or indirect contact with Helen or

929 N.E.2d 1151

Frank. Defendant was served with the plenary order of protection later that same month. The plenary order indicated that it would expire in November of 2008.

In November or December of 2006, Frank passed away. His will was filed in Henry County in January of 2007. Pursuant to the terms of the will, all of Frank's estate was to be given to Helen. Defendant was not named in the will in any respect or listed as a beneficiary. Frank did not have a life insurance policy in effect when he passed away and Helen did not receive a large amount of money as a result of Frank's passing. In fact, Helen needed assistance to pay Frank's funeral expenses.

On or about December 19, 2007, Helen received a letter from Jeff Smith, who was an inmate with defendant in the department of corrections. In the rambling letter, Smith represented that he was the pro se attorney for defendant and that he was preparing a lawsuit for defendant regarding Frank's will. Smith alleged that defendant was supposed to be a beneficiary under the will and that defendant was denied that opportunity through certain improprieties on Helen's part. Smith suggested twice in the letter that it would be in Helen's best interest to settle the matter, pointing out that the attorney fees could add up to over $8,000 ($5,000 for trial and $3,000 for an appeal), that the matter could be tied up in the courts for a long time, and that Helen would be served by the Henry County sheriff if she did not settle. Smith noted that he himself had been left out of his father's will and that he had brought suit over the matter and had won $20,000 in court. Smith asked Helen to contact defendant and noted that the existing order of protection would have to be dropped for defendant to be able to get work release from prison. Smith asked Helen further to send three or four $50 money orders to defendant at the prison so that defendant could buy a television, shoes, and other items.

On January 11, 2008, defendant filed a pro se lawsuit in Henry County against Helen for breach of an oral agreement. The lawsuit was drafted by Smith. Defendant alleged in the suit that he was wrongfully deprived of a portion of Frank's estate and the proceeds of Frank's insurance policy. Defendant sought $350,000 in damages against Helen.

In March of 2008, the State filed the instant charges against defendant. Count I of the charging instrument alleged that on or about January 11, 2008, defendant committed the offense of attempted theft, a Class 2 felony, in that defendant, “with the intent to commit the offense of Theft, in violation of Section 16-1(a)(2) and Section 16-1(b)(6) of Act 5 of Chapter 720 of the Illinois Compiled Statutes, performed a substantial step toward the commission of that offense, in that he filed a lawsuit against Helen J. Collins and caused a summons to be issued to Helen J. Collins in Henry County Case No. 08-L-3 seeking $350,000.00 in damages that the defendant alleged he was entitled to from a will and life insurance policy allegedly created by Helen J. Collins' deceased husband, Frank Collins, and the defendant knew that no such will or life insurance policy existed, in violation of 720 ILCS 5/8-4(a).” Count II of the charging instrument alleged that on or about December 19, 2007, defendant committed the offense of attempted theft, a Class A misdemeanor, in that defendant, “with the intent to commit the offense of Theft, in violation of Section 16-1(a)(2) and Section 16-1(b)(1) of Act 5, Chapter 720 of the Illinois Compiled Statutes, performed a substantial step toward the commission of that offense, in that he caused Jeff Smith to write a letter to Helen J. Collins asking for $200.00 to settle a proposed

929 N.E.2d 1152

lawsuit over an alleged will and life insurance policy of Helen J. Collins, and the defendant knew that no such will or life insurance policy existed in violation of 720 ILCS 5/8-4(a).” Count III of the charging instrument alleged that on or about December 19, 2007, defendant committed the offense of unlawful violation of an order of protection, a Class A misdemeanor, in that defendant, “having been served with notice or otherwise having acquired actual knowledge of the contents of an Order of Protection, No. 06-OP-177, issued on November 17, 2006, by the Circuit Court of Henry County, pursuant to the Illinois Domestic Violence Act, did intentionally commit an act which was prohibited by the Order of Protection, in that said defendant caused Jeff Smith to send Helen J. Collins a letter threatening to file a lawsuit against Helen J. Collins unless she sent the defendant $200.00, said contact being in violation of Paragraph R01 of the Order of Protection, in violation of 720 ILCS 5/12-30.”

The case proceeded to a jury trial in July of 2008. The jury heard the testimony of Helen, defendant, Jeff Smith, and other witnesses. Notably, conflicting testimony was presented regarding Frank's mental state and regarding whether defendant had any basis to believe that he was going to be a beneficiary under Frank's life insurance or will.¹ Several documents were admitted into evidence, including a copy of Frank's will that had been filed in Henry County, a copy of the letter sent to Helen by Smith, a copy of the order of protection, and a copy of the complaint filed by defendant in his civil lawsuit against Helen. Also admitted, over defendant's objection after a denial of a motion in limine, was a certified copy of conviction showing that defendant in 2007 had previously been convicted in Henry County of theft over $100,000 from Helen. The jury also heard testimony from witnesses regarding the circumstances that gave rise to that prior offense. After hearing all of the evidence, the jury found defendant guilty of all three charges.

Defendant filed a motion for new trial, which was...