People v. Mister

Illinois Appellate Court
Criminal Court
Witnesses
Citation
Case Number: 
2015 IL App (4th) 130180
Decision Date: 
Friday, January 23, 2015
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
KNECHT
Defendant was convicted, after jury trial, of armed robbery (while carrying a firearm) of University of Illinois student when he returned to campus after winning $23,000 at casino in Peoria, and was sentenced to 30 years. A lay witness may testify as to identity of a person depicted in a surveillance video if there is some basis for concluding the witness is more likely to correctly identify the person from the videotape than is the jury. Rational trier of fact could have found victim viewed Defendant under circumstances permitting positive identification, although he did not identify him in courtroom. State presented sufficient evidence to allow jury to find Defendant was the person who committed armed robbery of victim. (POPE and TURNER, concurring.)