People v. Nugen

State: Illinois

Court: 1st District Appellate

Docket No: 1-07-2506 Rel

Case Date: 03/08/2010

Preview:1-07-2506
FIRST DIVISION March 8, 2010

No. 1-07-2506 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WARDELL NUGEN, Defendant-Appellant. ) ) Appeal from the ) Circuit Court ) of Cook County. ) ) No. 05 CR 25441 ) ) Honorable ) Lon William Shultz, Judge Presiding.

MODIFIED UPON DENIAL OF REHEARING JUSTICE LAMPKIN delivered the opinion of the court: A jury found defendant Wardell Nugen guilty of first degree murder. was sentenced to 50 years' imprisonment. He

On appeal, defendant contends he was

denied his right to a fair trial where the jury was not read Illinois Pattern Jury Instructions, Criminal, No. 2.04 (4th ed. 2000) (hereinafter IPI Criminal 4th No. 2.04), pertaining to his constitutional right not to testify. Defendant also contends the admission of an out-of-court statement violated the sixth amendment confrontation clause. Defendant further contends his We affirm.

sentence is excessive in light of mitigating factors. FACTS

On September 22, 2005, defendant stabbed the victim, Gary Hastings, in retaliation for taking his bike without paying for it. witnessed the stabbing. DECISION I. Jury Instruction Defendant contends his trial was unfair because the trial court failed to read his requested jury instruction, IPI Criminal 4th No. 2.04, at the The victim died as a result. Salahuddin Muhammed

1-07-2506
close of trial. A defendant is constitutionally guaranteed the right to an impartial jury trial. U.S. Const. amends. VI, XIV; Ill. Const. 1970, art I,

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