People v. Carter

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2016 IL App (3d) 140196
Decision Date: 
Monday, July 25, 2016
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
CARTER

(Modified upon denial of rehearing 9/6/16.) Defendant was convicted, after jury trial, of aggravated battery with a firearm. Court properly allowed State to present other-crimes evidence related to alleged escape attempt from county jail. Escape evidence (recording of visitation at jail) had high probative value as it showed Defendant's consciousness of guilt, and was reasonably necessary to show Defendant's escape attempt. Prejudicial impact of escape evidence was low, as it was unlikely to inflame passions of jury, especially when compared with strong evidence of more heinous offense of attempted murder. Fines and fees imposed by circuit clerk vacated, and remanded for entry of order for fines and fees to be entered by trial court.(McDADE, specially concurring; WRIGHT, dissenting.)