People v. Algrim

Summary

The Illinois Appellate Court, Second District, affirmed Greg Algrim’s convictions for theft arising from unauthorized additions to his employer’s scheduling software and resulting payroll payments. The court held that the indictment’s reference to property as “United States Currency” did not create a fatal variance from evidence showing electronic funds transfers, because any discrepancy concerned the manner of commission, was not material, and did not prejudice the defendant or expose him to double jeopardy.

Holdings

1. The alleged variance was not fatal. The term "United States Currency" was either a nonessential characterization of the property or, at most, described the manner in which the theft was committed rather than an essential element of the offense.
2. The variance did not mislead Algrim in preparing his defense and therefore was not material.
3. The indictment's reference to "United States Currency," considered together with the detailed trial evidence, did not expose Algrim to double jeopardy.

Questions Presented

1. Whether the indictment's allegation that Algrim obtained unauthorized control over property consisting of "United States Currency" created a fatal variance when the evidence showed that he inflated his wages and received payment through electronic funds transfers.
2. Whether the alleged variance was material because it misled Algrim in preparing his defense or exposed him to double jeopardy.
3. Whether the evidence was sufficient to prove the essential elements of theft despite any variance in the manner in which the property was obtained.

Disposition

affirmed