People v. Witherspoon

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Defendant was charged in a separate case with domestic battery and criminal trespass to a residence. He was released on bond, with the court ordering as conditions of the bail bond that defendant have no contact with the victim, S.L. (his former girlfriend), and that he refrain from entering or remaining at the victim’s residence or going on the premises located at the victim’s residence. Later that month, in violation of his bail bond conditions, defendant returned to and entered S.L.’s home. While there, according to S.L., defendant battered and sexually assaulted her. Defendant was charged with home invasion (720 ILCS 5/19-6(a)(2)), aggravated criminal sexual assault, domestic battery, unlawful possession of a controlled substance, and violation of bail bond. With respect to home invasion, the Illinois Supreme Court rejected an argument that S.L. granted authority to the defendant to enter her home based on S.L.’s acceptance of defendant’s practice of using and then returning her car and keys. A person who enters the dwelling place of another in violation of a court order thereby enters the dwelling “without authority” under the home invasion statute View "People v. Witherspoon" on Justia Law