No. 2--05--0808 Filed: 4-19-07
APPELLATE COURT OF ILLINOIS
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Du Page County.
v. ) No. 04--CF--1982
JOHN A. TURNER, ) Honorable
) Michael J. Burke,
Defendant-Appellant. ) Judge, Presiding.
JUSTICE O'MALLEY delivered the opinion of the court:
Following a bench trial, defendant, John A. Turner, was convicted of unlawful possession
of a controlled substance (720 ILCS 570/402(c) (West 2004)). He was sentenced to one year in
prison. On appeal, he contends that (1) the trial court erred in excluding as irrelevant a third party's
admissions to other crimes; and (2) he was not proved guilty beyond a reasonable doubt. We agree
with his first contention, and we remand for further proceedings consistent with this opinion.
At approximately 8:30 a.m. on June 16, 2004, police officers were informed of an attempted
retail theft at a store in Darien. The dispatch described a person later identified as Andrew
Hornbacker, who was driving a Chevy truck with Arkansas plates. Officers spotted the truck,
followed it, and stopped it when it exceeded the speed limit.