People v. Nixon

Illinois Appellate Court
Criminal Court
Hearsay
Citation
Case Number: 
2015 IL App (1st) 130132
Decision Date: 
Friday, June 26, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
Defendant was convicted, after jury trial, of aggravated sexual assault and sentenced to 30 years. Court did not err in allowing State to introduce testimony about a computer printout showing that another man's DNA profile (who was previously selected by victim out of photo array as possibly her assailant) was entered into State's database three months after assault. State offered record not for mere purpose of showing that his profile was stored in database, but for fact that database was continually generating comparisons against stored profiles.State failed to establish adequate foundation for record for business record exception to hearsay to apply, but error is not reversible, as other properly admitted evidence against Defendant is overwhelming.(PALMER and McBRIDE, concurring.)