People v. Moore

832 N.E.2d 431, 358 Ill. App. 3d 683, 295 Ill. Dec. 280, 2005 Ill. App. LEXIS 667
Appellate Court of Illinois·Decided June 30, 2005·No. 1-03-2436·Published·Cited by 52 cases

Opinion

JUSTICE THEIS

delivered the opinion of the court:

Following a jury trial, defendant, Tyrone Moore, was convicted of aggravated battery with a firearm and possession of cannabis, and sentenced to concurrent terms of imprisonment of nine years and five years, respectively. On appeal, defendant contends that: (1) he was not proven guilty of aggravated battery with a firearm beyond a reasonable doubt because the State failed to prove that he acted with the requisite mens rea-, (2) he was denied his sixth amendment right to effective assistance of counsel because his trial attorney failed to request that the jury be instructed on the lesser included offense of reckless discharge of a firearm; and (3) the State committed misconduct by making improper comments in opening statement and closing argument which inflamed the passions of the jury, misstated the evidence, and misstated the law. We affirm.

Defendant was charged with attempt to commit first degree murder (720 ILCS 5/8 — 4(a), 9 — 1(a) (West 2004)), aggravated battery with a firearm (720 ILCS 5/12 — 4.2(a) (West 2004)), aggravated discharge of a firearm (720 ILCS 5/24 — 1.2(a)(2) (West 2004)), and aggravated battery (720 ILCS 5/12 — 4(a) (West 2004)) in connection with the shooting of Addie Lee on December 5, 2001. Defendant was also charged with possession of a cannabis with intent to deliver (720 ILCS 550/5(e) (West 2004)) and possession of cannabis (720 ILCS 550/4(e) (West 2004)) based on a related incident. In this appeal, defendant challenges the evidence to sustain his conviction of aggravated battery with a firearm, but does not challenge his conviction of possession of cannabis.

The following evidence was adduced at defendant’s trial. Lee testified that during the early morning hours of December 5, 2001, she was entertaining a few friends at her house in Blue Island, Illinois. Defendant, with whom Lee had a two-year-old daughter, stopped by Lee’s house while Lee’s friends were visiting. When defendant saw that one of the visitors was Lee’s ex-boyfriend, he became upset and left.

Sometime later, defendant returned. At that time, only Lee’s friend Shawn remained at her house. Raising his voice, defendant directed Lee to tell Shawn to leave, and Lee complied. Defendant then snatched the telephone that Lee was holding and threw it to the floor, causing it to break. Defendant and Lee “had a few words,” culminating in defendant drawing a loaded, cocked handgun and pointing it at Lee. Lee, who was seated on the couch, grabbed a pillow to shield her face as defendant stood over her with the gun. The next thing Lee remembered was being shot in the face.

On cross-examination, Lee admitted that she then told defendant to leave before the police arrived because she “really didn’t want him to get in trouble.” She also admitted that she did not see whether defendant pulled the trigger because she had the pillow over her face.

Blue Island police responded to Lee’s home. Based on information from Lee, they located defendant later that afternoon at the Best Motel in Chicago. When defendant answered the door, the smell of burning cannabis emanated from his room. Defendant admitted that he and a female friend had been smoking marijuana and informed the police that he had more marijuana in the bathroom. Police subsequently located a plastic bag containing 567 grams of cannabis inside the toilet tank. 1

Following his arrest, defendant spoke with Detective John McSweeney and Assistant State’s Attorney (ASA) Shawn Concannon at the police station. 2 ASA Concannon reduced defendant’s statement to writing. In that statement, defendant related substantially the same chronology of the events culminating in the shooting. Defendant added that he and Lee were in a relationship at that time and that he became upset when he arrived at Lee’s house and three men were there. As a result, he went home, got his loaded .38-caliber revolver, and returned to Lee’s home to find out what was going on. After arguing with Lee for a short time, defendant drew his gun to scare her. The gun was cocked. When Lee saw the gun, she slid off of the couch onto the floor and shielded her face with a pillow. Defendant stood over Lee, holding the gun by the butt and pointing it at her. The gun then “went off’ once, striking Lee in the face.

The jury ultimately found defendant not guilty of attempt to commit first degree murder, guilty of aggravated battery with a firearm, and guilty of possession of cannabis. The court subsequently sentenced defendant to concurrent terms of imprisonment of nine years and five years, on the aggravated battery with a firearm and possession counts, respectively.

In this appeal from that judgment, defendant first contends that the State failed to prove him guilty of aggravated battery with a firearm beyond a reasonable doubt because it failed to prove that he acted with the requisite mens rea. Defendant specifically claims that the evidence established that he acted with a reckless state of mind, rather than with knowledge or intent, as a conviction for aggravated battery with a firearm would require. Therefore, he maintains that we should reduce his conviction to reckless discharge of a firearm (720 ILCS 5/24 — 1.5 (West 2004)), which he claims is a lesser included offense.

Where a defendant challenges the sufficiency of the evidence to sustain his conviction, the relevant inquiry is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime heyond a reasonable doubt. People v. Campbell, 146 Ill. 2d 363, 374, 586 N.E.2d 1261, 1265-66 (1992). The reasonable inferences to be drawn from the evidence are the responsibility of the trier of fact; therefore, a conviction will not be set aside unless the evidence is so improbable or unsatisfactory that there remains a reasonable doubt of defendant’s guilt. Campbell, 146 Ill. 2d at 374-75, 586 N.E.2d at 1266.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Moore, 832 N.E.2d 431, 358 Ill. App. 3d 683, 295 Ill. Dec. 280, 2005 Ill. App. LEXIS 667 (Ill. Ct. App. 2005).

832 N.E.2d 431 (People v. Moore) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Truman
Appellate Court of Illinois, 2026
People v. Walker
2025 IL App (4th) 241013 (Appellate Court of Illinois, 2025)
People v. Cerda
2025 IL App (4th) 241551-U (Appellate Court of Illinois, 2025)
People v. Gordon
2025 IL App (1st) 230037-U (Appellate Court of Illinois, 2025)
People v. Laye
2025 IL App (1st) 231899-U (Appellate Court of Illinois, 2025)
People v. Dixon
2024 IL App (1st) 231764-U (Appellate Court of Illinois, 2024)
People v. Woods
2024 IL App (1st) 220173-U (Appellate Court of Illinois, 2024)
People v. Keys
2023 IL App (4th) 210630 (Appellate Court of Illinois, 2023)
People v. Coffill
2023 IL App (1st) 220042-U (Appellate Court of Illinois, 2023)
People v. Harris
2023 IL App (1st) 191916-U (Appellate Court of Illinois, 2023)
People v. Lawrence
2023 IL App (1st) 192306-U (Appellate Court of Illinois, 2023)
People v. Warren
2022 IL App (1st) 200297-U (Appellate Court of Illinois, 2022)
People v. Brandt
2022 IL App (3d) 190606-U (Appellate Court of Illinois, 2022)
People v. Axtell
2021 IL App (2d) 190511-U (Appellate Court of Illinois, 2021)
People v. Clicquot
2021 IL App (1st) 191508-U (Appellate Court of Illinois, 2021)
People v. Calhoun
2021 IL App (1st) 180111-U (Appellate Court of Illinois, 2021)
People v. Vazquez
2021 IL App (1st) 190437-U (Appellate Court of Illinois, 2021)
People v. Whitney
2021 IL App (4th) 180517-U (Appellate Court of Illinois, 2021)
People v. Henry
2020 IL App (1st) 171373-U (Appellate Court of Illinois, 2020)
People v. Parnell
2020 IL App (2d) 180197-U (Appellate Court of Illinois, 2020)