People v. Rutledge

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People v. Rutledge

State: Illinois

Court: 1st District Appellate

Docket No: 1-09-1668 Rel

Case Date: 04/18/2011

Preview:FIRST DIVISION April 18, 2011

No. 1-09-1668 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ALEX RUTLEDGE, Defendant-Appellant.

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Appeal from the Circuit Court of Cook County. No. 08 CR 20271 Honorable Thomas M. Davy, Judge Presiding.

JUSTICE LAMPKIN delivered the judgment of the court, with opinion. Presiding Justice Hall and Justice Hoffman concurred in the judgment and opinion. O P I N I O N Following a bench trial, defendant Alex Rutledge was found guilty of aggravated battery of a police officer and sentenced, based on his criminal background, to a Class X term of 10 years' imprisonment. On appeal defendant contends that (1) he was

denied a fair trial because the State introduced excessive and unnecessary "other crimes" evidence; and (2) he was improperly ordered to serve the three-year period of mandatory supervised release (MSR) associated with a Class X felony rather than the two-year period associated with the Class 2 offense of which he

1-09-1668 was convicted. We affirm.

According to the State's theory of the case, the aggravated battery that formed the basis for defendant's conviction arose from and was a continuation of an incident that developed between defendant and Keisha Atas when she rejected defendant's sexual advances while parked in an alley. The State contends that

defendant battered Joseph Smith, an off-duty police officer, when Atas sought refuge in Smith's garage and Smith stepped between defendant and Atas. Defendant contends that, whatever transpired

between him and Atas, no presentation of those facts was necessary to explain an unrelated battery of Smith. At trial, Keisha Atas testified that she and defendant were present at a "get together" at her cousin's house. known defendant for more than 10 years. Atas had

At the get together, she

and defendant drank vodka and played cards, then left together in her cousin's car at approximately 3 a.m. Defendant was driving

and they were accompanied by two other guests from the party. Defendant dropped off the other guests and asked Atas if she would like to "hang out" and get another drink. She agreed and

defendant bought a bottle of vodka, which they consumed in the parked car. Atas further testified that defendant commented that she was acting like she was "too good." Atas ignored the comment, but

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1-09-1668 defendant began striking her in the face. to take her home. Atas asked defendant Atas

Instead, defendant parked in an alley.

told defendant that she needed to use the bathroom.

Defendant

let her out of the car to urinate and began to urinate in the alley himself. Defendant told Atas that "when you get back in, Atas saw a garage She ran

you better be ready to give me some pussy."

door open and saw a man (Smith) standing near the alley. toward Smith and into his garage.

Atas testified that as she passed Smith she noticed a badge on his belt. Defendant followed and was trying to get Atas to Smith told defendant that he was a police Defendant stated that he

leave the garage.

officer and asked defendant to leave.

knew Smith was a police officer because he had seen him in the neighborhood. handcuffs. Smith told a woman to call 911 and bring him his

Defendant continued to try to enter the garage and Smith placed one handcuff on defendant,

became more aggressive.

and then defendant swung at Smith, striking him in the face. They struggled until another man came from the alley and helped restrain defendant. Joseph Smith testified that he is a Chicago police officer assigned to the marine unit. On the morning in question, he went

to his garage and opened the door, planning to smoke a cigarette in the alley. He was wearing blue uniform pants, a tee-shirt

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1-09-1668 with the words "Chicago Police Marine Unit" and a badge clipped to his belt. He saw Atas get out of a car in the alley with her Atas was

pants down around her legs and run toward his garage.

crying and bleeding, she had bruises, and some of her hair had been pulled out. She ran into his garage. Defendant followed.

Smith testified that he was trying to "decipher" what was happening. Atas asked him to take her home. He said he could

not, but offered to call the police.

He asked defendant why Atas Smith

was bleeding and defendant said that she struck her head.

told defendant that Atas did not want to go with him and asked him to leave. police officer. officer. Smith called 911 and told defendant that he was a Defendant said that he knew Smith was a police

Smith told defendant that he had called the police and Smith

suggested that defendant "bounce," i.e., leave the area.

then used his cell phone to call his fianc

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