People v. McDaniel

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2021 IL App (2d) 190496
Decision Date: 
Tuesday, August 17, 2021
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN

Defendant was convicted, after jury trial of 2 counts of predatory criminal sexual assault of a child and 6 counts of aggravated criminal sexual abuse, based on his conduct as to 2 minors. Court did not err by instructing jury it could consider the other-crimes evidence on the issues of Defendant's identity and propensity to commit sex offenses against children. Court performed balancing test. Giving IPI Criminal No. 3.14 was proper. When the same conduct is admitted for a limited purpose and also to prove a defendant's propensity, a court does not err by instructing the jury it may consider the evidence for both propensity and the limited purpose. (ZENOFF and SCHOSTOK, concurring.)