People v. Nixon

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
People v. Nixon
Decision Date: 
Tuesday, April 26, 2016
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
HUDSON

Defendant was convicted, after jury trial, of aggravated discharge of a firearm and being an armed habitual criminal.  Court entered conviction on only latter offense and sentenced him to 24 years.  Court properly determined that evidence of shooting 6 years prior was admissible as propensity evidence pursuant to Section 115-7.4.  Shooting which was subject of trial constituted physical abuse, and record supports court's finding that probative value of other-crimes evidence was not substantially outweighed by danger of undue prejudice to Defendant. Both shootings involved same victim (who was mother of 2 of Defendant's children), and occurred after Defendant and victim had argument.  (McLAREN and ZENOFF, concurring.)