People v. Doehring

Defendant and codefendant were charged in 102-count indictment with charges stemming from a home invasion. Defendant's case was severed from that of his codefendant. Defendant was convicted, after jury trial, of 4 counts of 1st degree murder and 2 counts of home invasion. The admission of Defendant's post-invocation conduct following detective's improper question was harmless beyond a reasonable doubt where the nature of such evidence did not deny him a fair trial and where the remaining properly admitted evidence overwhelmingly established his guilt. Even if witness's prior consistent statement was prematurely admitted during State's direct examination of him, the cross-examination would have permitted the admission of such testimony on redirect examination. The prior consistent statement was admissible to rebut a charge that his trial testimony was motivated by his desire to protect himself from being prosecuted and by his desire to protect his brother. One conviction for home invasion must be vacated, under the one-act, one-crime rule, where there was a single entry into the apartment. (REYES and MARTIN, concurring.)