People v. Funches

Section 4 — 103.2(b) of the Illinois Vehicle Code (Code) incorporates an inference that a person who exercises the exclusive, unexplained possession of a stolen vehicle has knowledge that the vehicle is stolen. 625 ILCS 5/4— 103.2(b) (West 2002) (incorporating 625 ILCS 5/4— 103(a)(1) (West 2002)). In People v. Greco, 204 111. 2d 400 (2003), we held that application of this inference to “special mobile equipment,” as defined by the Code, violated due process and, therefore, was unconstitutional. Greco, 204 111. 2d at 411-15. However, we “expressed] no opinion with regard to the…