People v. Mueller

Defendant was convicted, after jury trial, of retail theft, and received extended-term four-year sentences. Testimony of retail store's loss prevention employee was weak, and police officer's testimony did not assist State. Court limited jury in manner it viewed store's video surveillance tape, and during deliberations jury sent specific note asking to see video and stating that it was too far away. Court refused jurors' requests to extend video to full screen and to play video again. Evidence was closely balanced, and judge's Rule 431(b) errors (in not asking jurors if they accepted that Defendant did not have to present any evidence or testify, and that if Defendant did not testify they could not hold it against him) prejudiced jury. (GOLDENHERSH and STEWART, concurring.)