Legal Opinion · Concurring in part, dissenting in part

People v. Tate

Appellate Court of Illinois

Decided August 8, 1980No. 79-257Published

1Concurring in part, dissenting in partJustice Stengel

I agree with the result reached by the majority in all but the fourth issue, which is whether the defendant’s conviction for criminal damage to property must be reversed because the State failed to prove that the damaged property was the property of Michael Maycen, the store security guard.

It is undisputed that Maycen was employed as a security guard by the Convenient Food Mart and that he was working inside the store at the time of the occurrence. I disagree with the majority’s conclusion that there was no evidence presented establishing that Maycen had a possessory interest in the damaged…

2Cases cited10 opinions

  1. People v. BerlandIllinois Supreme Court · 1979
  2. People v. GregoryIllinois Supreme Court · 1974
  3. The People v. BurnettIllinois Supreme Court · 1946
  4. In re W. S.Illinois Supreme Court · 1980
  5. The People v. KubishIllinois Supreme Court · 1934

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