People v. Rosado

Illinois Appellate Court
Criminal Court
Jury
Citation
Case Number: 
2017 IL App (1st) 143741
Decision Date: 
Tuesday, August 1, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded with directions.
Justice: 
HYMAN

(Modified upon denial of rehearing 9/12/17.) Defendant was convicted, after jury trial, of delivery of cocaine within 1000 feet of a high school. Prior to trial of this case, a different jury, before the same judge, had acquitted Defendant  of delivering controlled substance to police investigator. State was allowed to present evidence that Defendant had sold drugs on that date, but Defendant was not allowed to present evidence of his acquittal. Court abused its discretion in improperly admitting evidence of prior drug sale as other-crimes evidence, and in not allowing Defendant to inform jury of his acquittal.(NEVILLE and MASON, concurring.)