People v. Prevo

Case Date: 02/04/1999
Court: 4th District Appellate
Docket No: 4-98-0282

People v. Prevo, No. 4-98-0282

4th Dist. 2/4/99

February 4, 1999

NO. 4-98-0282

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

KARL PREVO,

Defendant-Appellant.

Appeal from Circuit

Court of Clark County

No. 97CF7

Honorable Tracy W. Resch,

Judge Presiding.

________________________________________________________________

JUSTICE GARMAN delivered the opinion of the court:

Defendant Karl Prevo was convicted on July 9, 1997, of two counts of aggravated battery (720 ILCS 5/12-4 (West 1996)), after a jury trial in the circuit court of Clark County. He was sentenced on October 29, 1997, to 30 months' probation. He raises numerous issues on appeal: (1) violation of his right to a speedy trial, (2) improper limitation of his cross-examination of the State's witnesses, (3) the denial of his motion for a directed verdict, (4) improper exclusion of a defense witness, (5) improper closing argument by the prosecutor, (6) failure to give a jury instruction requested by Prevo, (7) ineffective assistance of counsel, and (8) the sufficiency of the evidence. In his final argument, he asserts that the cumulative effect of these alleged errors was to deny him a fair trial, in violation of his right to due process under the constitutions of the United States and the State of Illinois (U.S. Const., amends. V, XIV; Ill. Const. 1970, art. I,