(Court opinion corrected 1/4/16.) Jury convicted Defendant of aggravated battery to a person over age 60 and intimidation, and sentenced him 6 concurrent terms of 5 years and 6 years. IPI Criminal Jury Instructions do not accurately convey present law as to charge of aggravated battery to a person over age 60, as instructions do not include element added to offense by amendment in 2006, that State must prove that Defendant knew the victim was at least 60. Evidence of injuries to victim's face and witness testimony as to injuries was sufficient to support battery conviction for Defendant, who was victim's caregiver. Court did not err in answering jury's request for definition of "reasonable doubt" with "the definition of reasonable doubt is for the jury to determine." (HARRIS and APPLETON, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions