People v. Lindsey

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2013 IL App (3d) 100625
Decision Date: 
Tuesday, July 30, 2013
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
HOLDRIDGE
Defendant was convicted, after jury trial, of first degree murder. Defendant did not open the door to admission of his prior juvenile adjudication for residential burglary by mentioning it on direct examination. Court's error in admitting adjudication for impeachment was harmless, as Defendant used adjudication to his advantage by explaining it as reason for his delay in reporting murder to police. Photograph of victim's body, after murder, was properly admitted and published to jury, as probative value outweighed prejudice. Sentence of 52 years was within court's discretion, given prior criminal background and nature of offense, and considering that Defendant was 17 at time of offense. (SCHMIDT, concurring; McDADE, dissenting.)