People v. Funches

Docket No. 96784–Agenda 6–May 2004.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. TREMAIN FUNCHES, Appellee.

Opinion filed October 7, 2004.

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 Ill. 2d 400 (2003), we held that application of this inference to “special mobile equipment,” as defined by the Code, violated due…