People v. McCarter

Defendant was convicted, after bench trial, of five crimes. Defendant's conviction for armed robbery is reversed due to lack of admissible evidence to establish that victim was ever robbed. Conviction for aggravated kidnapping is thus vacated, which was for aggravated kidnapping, based on commission of armed robbery, and remanded for entry of judgment on a valid aggravated kidnapping count. Conviction for aggravated vehicular hijacking reversed, where no evidence was presented that Defendant ever deprived victim of possession of his car. Court was free to ignore witness' trial testimony in favor of her prior inconsistent statement that incriminated Defendant for murder of gunshot victim found in burning car in wooded area. (McBRIDE, concurring; R.E. GORDON, dissenting.)