People v. Simon 

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
No. 1-09-1197
Decision Date: 
Friday, May 27, 2011
District: 
1st Dist., 6th Div.
Division/County: 
Cook Co.,
Holding: 
Affirmed.
Justice: 
R.E. GORDON
Defendant was convicted, after bench trial, of first degree murder. Court did not err in convicting Defendant of first degree murder rather than second degree, and did not err in barring evidence of victim's violent acts. Court did not rely on erroneous recollection of store clerk's testimony, and State's failure properly to disclose juvenile adjudications of State's witness was not reversible error, as they were not material. Court reviewed transcript of clerk's testimony, did not base its finding that Defendant was not credible solely on clerk's testimony, and court's remarks were not necessarily inconsistent with clerk's testimony. (GARCIA and McBRIDE, concurring.)