People v. Collins

Defendant was convicted, after jury trial, of 2 counts of armed robbery. Linking a cell phone to its owner by the addressing of text messages, e-mails, or the like therein would not be hearsay because the State would not be using the messages for the truth of their intentionally asserted content but of the addressing or direction of the messages.Court did not err in admitting testimony of detectives as to whose cell phone Defendant possessed that were rationally based on their perceptions, were helpful to the determination of a fact at issue, and not based on specialized knowledge.  A reasonable trier of fact could find Defendant guilty of robbing the victim (a cab driver), including based on images and video shown at trial. State's argument that Defendant threatened to kill victim although victim did not so testify was not improper, as it was based on evidence and reasonable inferences from evidence. The evidence that Defendant used a firearm in robbing 2 victims was not so unreasonable, improbable, or unsatisfactory that a reasonable doubt of Defendant's guilt remains.Court's firearm definition instruction did not misstate the law or mislead the jury. (CONNORS and ODEN JOHNSON, concurring.)