People v. Brand
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The defendant was convicted of aggravated domestic battery, home invasion, and possession of a stolen or converted motor vehicle. At trial, the victim (defendant’s former girlfriend) testified to having received threatening Facebook Messenger communications that used a nickname, “Masetti Meech” that defendant had used while they were dating. A message under that name led the victim to her car, days after defendant took it. The messages included personal information only defendant would have known. Police found defendant in possession of the victim’s car keys, near her brother’s workplace.
The appellate court affirmed, finding that proof of intent to permanently deprive the victim of her car was not required because defendant was charged with conversion or theft. It was sufficient that the victim testified that defendant broke into her residence, committed assault, stole her keys, and took her car. Because the trial court failed to hold a “Krankel" hearing on defendant’s ineffective assistance of trial counsel claim, the State agreed a hearing was necessary, and the appellate court remanded the cause for a preliminary Krankel hearing.
The Illinois Supreme Court affirmed, rejecting arguments that the trial court erred by admitting evidence regarding the contents of Facebook messages allegedly sent by defendant and that the state failed to prove defendant guilty beyond a reasonable doubt of possession of a stolen or converted motor vehicle. The prosecution presented sufficient circumstantial evidence properly authenticating the Facebook Messenger messages.
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