In a recent Illinois appellate case, the court considered a burglary conviction. The defendant was sentenced to an eight-year Class X sentence due to his criminal record. On appeal, he argued that he wasn’t proven guilty beyond a reasonable doubt because the prosecution hadn’t established that he was not allowed to be in the building or that he planned to steal.
The case arose when a university employee who worked in the telephone operating department came to work early one morning. She worked in a building that had telecommunications equipment and was only accessible by using a key or key card. She used her key card to go inside the building, and only two other employees were there. Almost two hours after arriving, she saw on the video security monitor that the defendant was in the basement hallway. She knew he wasn’t an employee. He was checking to see if doorknobs were open and looking at equipment in boxes.
The employee asked a coworker to call the police, and she kept watching the monitor. The defendant disappeared from the monitor and then appeared on the other side of the divider from the employee. The employee told him to leave and asked what he was doing there. He said he was just looking. However, surveillance later showed that he’d been in the garage looking into the windows of different cars.