{
  "id": 3616349,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. TERRY JOE WYANT, Defendant-Appellee",
  "name_abbreviation": "People v. Wyant",
  "decision_date": "1988-06-29",
  "docket_number": "No. 3-87-0491",
  "first_page": "306",
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
    "name": "Ill."
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    {
      "cite": "139 Ill. App. 3d 222",
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      "cite": "495 N.E.2d 1371",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "weight": 2,
      "year": 1985,
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    {
      "cite": "145 Ill. App. 3d 835",
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      "reporter": "Ill. App. 3d",
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  "last_updated": "2023-07-14T21:35:27.168167+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. TERRY JOE WYANT, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "JUSTICE WOMBACHER\ndelivered the opinion of the court:\nThe trial court granted the defendant\u2019s motion to dismiss the charge of criminal trespass to land brought against him (111. Rev. Stat. 1987, ch. 38, par. 21 \u2014 3(a)). The State appeals.\nThe agreed statement of facts shows that the defendant and the complainant were previously married. In their divorce, the complainant received sole and exclusive possession of the marital home. However, pending sale of the home, title remained in joint tenancy.\nSubsequent to the divorce, the defendant was charged with criminally trespassing on the marital property. He then filed a motion to dismiss, contending that because he was still a joint owner of the property, he was not \u201cupon the land *** of another\u201d as required by the criminal trespass statute. Following arguments on the motion, the trial court granted it, dismissing the trespassing charges against the defendant.\nOn appeal, the State argues that the trial court erred in granting the motion to dismiss, because although the defendant retained a joint interest in the property, only the complainant had the right to possess it.\nWe note, as do the parties, that there are no Illinois cases deciding the instant issue. In support of its position, the State cites People v. Jones (1986), 145 Ill. App. 3d 835, 495 N.E.2d 1371, and People v. Schneider (1985), 139 Ill. App. 3d 222, 487 N.E.2d 379. In Jones, the defendant husband deliberately damaged his wife\u2019s car during the pendency of their divorce. The husband argued that because he had an ownership interest in the car, he had not committed criminal damage to property, which requires that, the offender knowingly damage \u201cany property of another without his consent\u201d (111. Rev. Stat. 1985, ch. 38, par. 21 \u2014 1(a)). Relying on Schneider and the legislature\u2019s intent, we found that the term \u201cproperty of another\u201d must be read to impose criminal responsibility on a person who damages another\u2019s interest in property, regardless of whether ownership in the property is shared. Our rationale was that a person does not have the right, by virtue of part ownership, to harm the interest of another in that property. Jones, 145 Ill. App. 3d 835, 495 N.E.2d 1371.\nWe find Jones and Schneider unpersuasive in the instant case. Here, the defendant did no damage to the joint property interest of his ex-wife. He merely entered upon the property in which he had an equal interest. Accordingly, the fundamental rationale for holding Jones and Schneider criminally accountable is not present.\nThe basic purpose of the criminal trespass statute is to prevent violence or threats of violence, the legislature having determined that when a person refuses to leave another\u2019s property after he has been ordered to do so, a threat of violence becomes imminent. (People v. Goduto (1961), 21 Ill. 2d 605, 174 N.E.2d 385.) Further,' the statute recognizes a landowner\u2019s right to protect his property interests. Goduto, 21 Ill. 2d 605, 174 N.E.2d 385.\nA joint tenant entering his own property does not present the inherent threat of violence to his co-owners as does an interloper who refuses to leave. Further, a co-owner generally has no protectable interest in preventing joint tenants from entering their jointly owned property. In instances where a contractual right prevents a cotenant from entering property or where a divorce decree grants exclusive possession, the civil courts provide relief. We find nothing in the criminal trespass statute indicating that the legislature intended to impose criminal sanctions for the instant conduct. People v. Flanagan (1985), 133 Ill. App. 3d 1, 478 N.E.2d 666.\nThe judgment of the circuit court of Henry County is affirmed.\nAffirmed.\nHEIPLE and BARRY, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE WOMBACHER"
      }
    ],
    "attorneys": [
      "Larry VanDerSnick, State\u2019s Attorney, of Cambridge (Gerald P. Ursini, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People.",
      "Robert Agostinelli, of State Appellate Defender\u2019s Office, of Ottawa, for appellee."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. TERRY JOE WYANT, Defendant-Appellee.\nThird District\nNo. 3-87-0491\nOpinion filed June 29, 1988.\nLarry VanDerSnick, State\u2019s Attorney, of Cambridge (Gerald P. Ursini, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People.\nRobert Agostinelli, of State Appellate Defender\u2019s Office, of Ottawa, for appellee."
  },
  "file_name": "0306-01",
  "first_page_order": 328,
  "last_page_order": 330
}