People v. Moon

Illinois Appellate Court
Criminal Court
Battery
Citation
Case Number: 
2019 IL App (1st) 161573
Decision Date: 
Tuesday, April 30, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
HYMAN

Defendant was convicted, after bench trial, of aggravated battery.  Court's comment that "most parents don't pick up report cards" may have been only a response to defense counsel's statement that other people would pick up report cards at the same time, to explain why defense counsel's presumption is not necessarily true. Strength of State's evidence of altercation did not depend on court's statement as to report cards. Court's statement that Defendant struck victim with a key was not a misstatement of fact but a reasonable inference supported by evidence. Court did not abuse its discretion in making sua sponte objection during defense counsel's cross-examination of victim.(LAVIN and PUCINSKI, concurring.)