People v. Curtis
Case Date: 06/15/1998
Court: 4th District Appellate
Docket No: 4-97-0455
NO. 4-97-0455 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from Plaintiff-Appellee, ) Circuit Court of v. ) Sangamon County GERALD K. CURTIS, ) No. 96CF641 Defendant-Appellant. ) ) Honorable ) Steven Nardulli, ) Judge Presiding. _________________________________________________________________ JUSTICE STEIGMANN delivered the opinion of the court: In January 1997, following a bench trial, the trial court found defendant, Gerald K. Curtis, guilty of aggravated battery with a firearm, aggravated battery, and armed violence (720 ILCS 5/12-4.2, 12-4(a), 33A-2 (West 1996)). The court subsequently vacated the armed violence conviction. In May 1997, the court sentenced defendant to 12 years in prison for aggravat- ed battery with a firearm and held that his aggravated battery conviction merged into his conviction for aggravated battery with a firearm. Defendant appeals, arguing that (1) the State failed to prove him guilty beyond a reasonable doubt because the State's case essentially consisted only of a prior inconsistent statement admitted under section 115-10.1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10.1 (West 1996)), which the witness disclaimed at trial; and (2) the evidence was not suffi- cient to show that defendant was guilty on a theory of account- ability. We affirm. I. BACKGROUND The evidence at defendant's trial showed the following. On July 1, 1996, Marie Hullum was sitting on the front porch of her house on 13th Street in Springfield, Illinois, with her granddaughter, Jovonsierre Franklin, her son, Gerald Hullum, and a woman. Around 8:15 p.m., a car stopped on the street across from Marie's house. Marie heard two shots. After the second shot, Jovonsierre screamed about her leg, and Marie took her inside. Jovonsierre had been shot and the bullet traveled through her left thumb and left leg and stopped in the back of her right leg. Jerome Henderson testified at trial that he was about 1 |