People v. Mercado

Illinois Appellate Court
Criminal Court
Hearsay
Severance
Citation
Case Number: 
No. 1-08-0655
Decision Date: 
Thursday, December 24, 2009
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
McBRIDE
Court within its discretion to deny motion for severance of trials for two defendants charged with aggravated discharge of a firearm, one of whom was also charged with unlawful use of weapon by felon. Defendant, who made claim of self-defense, presented no evidence which was antagonistic with codefendant's reasonable doubt defense. The two defendants' defenses were contradictory, but not antagonistic; codefendant did not inculpate the Defendant, as the Defendant had admitted the shooting but codefendant denied involvement.