People v. Heller

Illinois Appellate Court
Criminal Court
Domestic Battery
Citation
Case Number: 
2017 IL App (4th) 140658
Decision Date: 
Friday, January 13, 2017
District: 
4th Dist.
Division/County: 
Schuyler Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN

Defendant was convicted, after jury trial, of domestic battery, based on allegations that he grabbed and strangled his girlfriend. At trial, victim recanted her statements she made to police, and State impeached her testimony with a recorded statement made after incident.  Evidence was sufficient to prove him guilty beyond a reasonable doubt of domestic battery. Court did not abuse its discretion by admitting the other-crimes testimony of Defendant's ex-wife, as to domestic battery allegedly committed by Defendant against her in 2010. That crime and the charged offense were sufficiently similar. Court was within its discretion in sending photos of ex-wife's injuries to jury, as they were highly relevant, and were sent to jury only on Defendant's explicit acquiescence.(HOLDER WHITE and POPE, concurring.)