People v. Rinaldi

534 N.E.2d 515, 179 Ill. App. 3d 539, 128 Ill. Dec. 333, 1989 Ill. App. LEXIS 101
CourtAppellate Court of Illinois
DecidedFebruary 1, 1989
Docket2-87-0395
StatusPublished
Cited by8 cases

This text of 534 N.E.2d 515 (People v. Rinaldi) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Rinaldi, 534 N.E.2d 515, 179 Ill. App. 3d 539, 128 Ill. Dec. 333, 1989 Ill. App. LEXIS 101 (Ill. Ct. App. 1989).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

After a jury trial, defendant, Shayne Rinaldi, was convicted of four counts of aggravated battery. Count I was premised on bodily harm inflicted on William E. Jackson while using a deadly weapon (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 4(bXl)), and count II was premised on causing great bodily harm to William E. Jackson (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 4(a)). Similarly, count III was based on bodily harm to Stephen L. Jackson while using a deadly weapon (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 4(bXl)), and count IV was based on great bodily harm to Stephen L. Jackson (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 4(a)). On April 13, 1987, the trial court sentenced defendant to two concurrent two-year terms of imprisonment for counts I and III and imposed no sentence for counts II and IV. In addition, the trial court imposed a fine of $500 to be paid into the Violent Crime Victims Assistance Fund pursuant to section 10 of the Violent Crime Victims Assistance Act (the Act) (Ill. Rev. Stat. 1985, ch. 70, par. 510).

On appeal, defendant raises four issues: (1) whether the trial court erred in permitting the State to introduce testimony which implied that the defendant was involved in crimes unrelated to the charges of aggravated battery; (2) whether two of the convictions of aggravated battery must be vacated because they arose from a single act; (3) whether the $500 fine was properly imposed; and (4) whether defendant was entitled to credit against his term of imprisonment for the time spent in custody prior to his convictions. We affirm as modified and remand the cause with directions.

We summarize only the facts pertinent to the issues raised on appeal.

At trial, William Jackson testified that, on July 16, 1986, at approximately 10:30 p.m., he returned to his Rockford residence after an evening out with his wife, Peggy, and his son, Stephen. Upon his arrival home, William went to get his mail and saw an automobile that was approaching with its lights off. Realizing that he was right in the automobile’s path, he jumped back onto the sidewalk. He described the vehicle that he saw as an old, light-colored, four-door model with a loud muffler. After this incident, William returned to his home and prepared to retire for the evening. A short time later, however, he heard noises in his driveway. He left his house to investigate these sounds and shortly thereafter was beaten by two attackers.

William Jackson recalled being struck by “a long metal object” which was about “18 inches to two feet” in length. The weapon was later identified as a pair of martial arts weapons called “numchucks.” In court, William Jackson identified the defendant as one of the individuals who attacked him on the night in question. Jackson stated that the area where the attacks occurred was illuminated by two outdoor garage lights.

According to William Jackson, the assault on him continued until his son joined the fray. William sustained a wound above his left ear which cut through the skin and muscle, and another cut above that one which was just opened up slightly and bleeding. He was bruised on his right arm. His injuries later required hospitalization, and he received stitches.

The scuffle continued for a few moments, and then the two assailants started running through the backyard, pursued by William Jackson and his son, Stephen. William saw them get into an automobile which was the same vehicle he had seen earlier that evening.

After the attackers had left, William Jackson returned home and called the police. Later that night, a search of the area produced the numchucks which had been dropped by one of the assailants.

Stephen Jackson corroborated his father’s testimony concerning the events that occurred that evening. During his testimony, Stephen Jackson also identified Shayne Rinaldi as one of the individuals who attacked his father. Stephen also received injuries, having been struck by the numchucks when he came to his father’s assistance. The injuries sustained by Stephen Jackson also required hospital treatment.

William and Stephen Jackson independently identified the defendant from a photographic lineup at the Rockford police department.

Shayne Rinaldi testified on his own behalf and denied being involved in the assaults on William and Stephen Jackson. The defendant stated that, on July 16, 1986, he had attended a cookout during the early evening hours; later, between 9:30 p.m and midnight, he had gone to a cousin’s home. The defendant stated that, after he left his cousin’s house at approximately midnight, he went to his grandmother’s home, where he remained for the rest of the evening.

The defendant acknowledged that he had once owned a pair of numchucks, but he stated that they were smaller in size than the pair discovered on Jackson’s lawn.

On cross-examination, the defendant was asked if he had ever stopped his car near a Rockford tavern at approximately midnight on July 16,1986; defendant stated that he had not done so.

After this testimony, the State’s rebuttal witness, William Scott, testified that on July 16, 1986, at approximately midnight, he was in the vicinity of the Stadium Lounge Tavern when he observed two individuals enter an automobile that had its engine running and its lights off. In court, Scott identified defendant as one of the individuals he observed entering the vehicle. Scott recalled that the license plate number of this vehicle was 803 186. Earlier at trial, Detective Picarilli had testified that defendant had told him that 803 186 was the license number of his car. The direct examination of Scott continued with the following testimony:

“Q. And what did you do when you got into the Stadium Lounge, what did you first do?
A. I talked to the owner and gave him the piece of paper with the license plate number on it.
Q. Later that evening did you have occasion to see or meet with any police officers in connection with the information you had given to *** the owner?
A. Yes.
MR. DECK [Defense Counsel]: I object.
THE COURT: Objection sustained. The answer is stricken.”

After William Scott had been questioned on cross-examination about what he had observed in the parking lot of the Stadium Lounge, the prosecutor asked the following questions on redirect examination:

“Q. Why did you want to stick around to see what was going on that night?
A. I know the owner of the Stadium Lounge and there have been burglaries of automobiles where they have been broken into and the contents taken from inside the vehicles at their location.
MR. DECK: Judge, I am going to object and ask it be stricken.
THE COURT: This is proper response to the cross-examination, you may continue.
Q.

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Bluebook (online)
534 N.E.2d 515, 179 Ill. App. 3d 539, 128 Ill. Dec. 333, 1989 Ill. App. LEXIS 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rinaldi-illappct-1989.