People v. Rodriguez

Defendant was charged with eight crimes in connection with two shootings. State alleged that Defendant, while passenger in a car, shot at two rival gang members with intent to kill them. Neither person was struck, but two houses and two vehicles were damaged. State proved beyond a reasonable doubt that Defendant knowingly committed felony criminal damage to property, which formed basis of armed violence convictions, and knowingly discharged firearm at or into houses struck, and that he knew or should have known they were occupied. State proved locality enhancement that shooting occurred within 1,000 feet of elementary school. Even though IPI Criminal Instructions 18.11 and 18.11 do not mirror Section 24-1.2(a)(1) of Criminal Code, pertinent phrases were synonymous for purposes of proving guilty beyond a reasonable doubt. (HUTCHINSON and BIRKETT, concurring.)