People v. Curtis
State: Illinois
Court: 4th District Appellate
Docket No: 4-97-0455
Case Date: 06/15/1998
June 15, 1998
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
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