People v. Gibbs

(Court opinion corrected 6/9/16.) Defendant was convicted, after jury trial, of aggravated battery. Court properly denied Defendant's motion for 3-week continuance on day of trial, as Defendant had answered ready for trial prior to asking for a continuance, and as Defendant was not diligent in pursuing his defense. Court granted 2-day continuance for Defendant to review the late-tendered discovery. Court did not err in allowing Defendant to present evidence of victim's 14-year-old conviction for domestic violence via stipulation, rather than via live testimony. Defendant had burden to specifically inform court via offer of proof what he anticipated excluded testimony of officers would be. (FITZGERALD SMITH and LAVIN, concurring.)