People v. Tademy

Defendant was convicted, after jury trial, of attempted first degree murder, aggravated battery with a firearm, and aggravated battery of a child for shooting his 12-year-old son in the head. Jury heard two expert opinions reaching opposite conclusions, and lay testimony as to Defendant's actions, and was free to accept opinion of State's expert that Defendant appreciated criminality of his actions. Jury's finding that Defendant was sane was not against manifest weight of evidence. Jail psychiatrist's diagnosis of adjustment disorder with depressed mood was not offered for truth of matter asserted, but to show facts and conclusions underlying experts' opinions, and thus experts were properly allowed to testify as to that diagnosis.State's reference to diagnosis in argument was not plain error, as evidence was not closely balanced. Two aggravated battery convictions are vacated under one-act, one-crime doctrine. (HOLDRIDGE and WRIGHT, concurring.)