Jury found Defendant guilty of armed robbery. Defendant appeals, arguing, in part, that the court committed plain error when it: (1) violated the silent witness theory by allowing a witness to narrate the events depicted in a surveillance video; and (2) gave incorrect jury instructions. Court did not commit plain error by allowing the witness's testimony. Even though the witness did not observe the events that took place, the testimony was admissible because it was rationally based on the witness's close scrutiny of the video and helpful to the jury. Court did err by instructing the jury to determine whether Defendant committed the offense with a "dangerous weapon" instead of a "firearm." Despite the fact that the instructions were wrong, however, such error does not amount to plain error, because it did not create a serious risk that the jurors incorrectly convicted Defendant. Defense council was not ineffective for failing to raise the issues above at trial. Defendant also argued, and the State conceded, that the circuit clerk improperly imposed several fines. The fines were vacated, and the cause remanded to the trial court to reimpose the fines. (TURNER and POPE, concurring.)
Illinois Appellate Court
Criminal Court
Witness Testimony; Jury Instructions