People v. Reynolds

(Modified upon denial of rehearing 5/20/21.) Defendant was convicted, after jury trial, of 1 count of attempted 1st degree murder, 2 counts of aggravated criminal sexual assault, and 1 counts of aggravated battery, all arising from an attack on his then-girlfriend whom he had dated for 2 months. Evidence was insufficient to establish beyond a reasonable doubt that Defendant intended to kill victim. Although he possessed a deadly weapon (a box cutter), he did not use it in a deadly fashion although he had opportunity to do so. Although he threatened to kill victim numerous times, that was more consistent with an intent to torture or terrorize victim into confessing that she cheated on him, and victim's injuries were extensive but not life-threatening. No indication that the presence of nonjurors in the courtroom while jury reviewed jail calls chilled or inhibited jury deliberations; and court informed jurors that neither the court nor the parties could interact with them while they reviewed the audio evidence, and told jurors that they could listen to the recordings as many times as they wanted and that it would adjust volume at their request.  As attempted 1st degree murder conviction is vacated, sentence for aggravated battery must run consecutively to sentences on the aggravated criminal assault convictions. Remanded for resentencing. (MARTIN, concurring; GORDON, concurring in part and dissenting in part.)