People v. Ybarra

2022 IL App (1st) 191076-U
CourtAppellate Court of Illinois
DecidedMarch 9, 2022
Docket1-19-1076
StatusUnpublished

This text of 2022 IL App (1st) 191076-U (People v. Ybarra) 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. Ybarra, 2022 IL App (1st) 191076-U (Ill. Ct. App. 2022).

Opinion

2022 IL App (1st) 191076-U No. 1-19-1076 Order filed March 9, 2022 Third Division

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 18 DV 71332 ) MATTHEW YBARRA, ) Honorable ) Callie Baird, Defendant-Appellant. ) Judge Presiding.

JUSTICE McBRIDE delivered the judgment of the court. Presiding Justice Gordon and Justice Burke concurred in the judgment.

ORDER

¶1 Held: We affirm defendant’s conviction for misdemeanor domestic battery where the evidence was sufficient to sustain his conviction, and the trial court did not abuse its discretion in admitting evidence of his alleged prior acts of domestic violence.

¶2 Following a bench trial, defendant Matthew Ybarra was found guilty of misdemeanor

domestic battery and sentenced to one year of conditional discharge. On appeal, defendant

contends the State failed to prove him guilty beyond a reasonable doubt, and the trial court erred

by admitting evidence of two alleged prior acts of domestic violence. We affirm. No. 1-19-1076

¶3 Defendant was charged by misdemeanor complaint with domestic battery (720 ILCS

5/12-3.2(a)(1) (West 2018)), arising from an incident in Chicago on March 23, 2018, during which

he struck and choked his family or household member, Salina Bone. 1

¶4 Prior to trial, the State filed a motion to admit evidence regarding defendant’s three alleged

prior acts of domestic violence pursuant to sections 115-7.4 and 115-20 of the Code of Criminal

Procedure of 1963 (Code) (725 ILCS 5/115-7.4, 115-20 (West 2018)). First, in late December

2017 or early January 2018, defendant and Salina fought in their residence while defendant’s

cousin was visiting. Defendant placed his hands around Salina’s neck, obstructed her breathing,

and slapped her. Second, in early February 2018, they fought while Salina’s friend Tatiana Hill

was present. Defendant insulted Salina, grabbed her shoulders, and swung her into a dresser,

bruising her leg and ankle. Defendant then followed Salina and pushed her to the floor. Third, on

March 15, 2018, defendant drove Salina home from work and made threats, including that he

would “kill them both in the car.” At home, he repeatedly pushed Salina to the ground, and she

locked herself in the bathroom until he calmed down.

¶5 Defendant filed a response to the State’s motion, asserting that the probative value of the

other-crimes evidence was substantially outweighed by the prejudicial effect, and the incidents

were not corroborated or factually similar to the present allegations. He also argued that the first

and second incidents lacked specificity in time.

¶6 At a hearing on the motion, the State called Hill, who testified that she was at defendant

and Salina’s residence in February 2018. From the downstairs floor of the house, she saw

1 Because Salina Bone and a witness, Samuel Bone, share the same last name, we refer to them by their first names.

-2- No. 1-19-1076

defendant and Salina arguing upstairs. Defendant choked Salina, pushed her on the bed,

“[s]lammed” her twice, and threatened her. Hill ran upstairs, separated them, and left with Salina.

The State did not present evidence regarding the other incidents alleged in its motion.

¶7 The trial court granted the State’s motion as to the incidents from December 2017 or

January 2018, and February 2018. The court found that the probative value of those incidents

outweighed the prejudicial effect, as they were close in time to the charged incident and also

involved defendant choking Salina. Those incidents were therefore admissible for “any” of the

purposes identified by statute and case law. However, the March 15, 2018, incident lacked

sufficient factual similarity, and therefore was inadmissible. The trial court denied defendant’s

motion to reconsider.

¶8 At trial, Salina testified that on March 23, 2018, she had been dating defendant for eight or

nine months and lived with him in a two-story residence on South Avenue M. 2 Salina saw

defendant drink alcohol excessively more than 10 times and become aggressive.

¶9 On the evening of March 23, 2018, Salina was working as a cook at an establishment in La

Grange, Illinois. At about 9 p.m., defendant arrived, drank beer, argued with Salina about her

flirting with other people, and left. He returned about 10 minutes after midnight to drive Salina

home. During the 40-minute drive, he was “aggressive” and “belligerent,” his speech was slurred

and profane, and he cut his knuckle punching his steering wheel.

¶ 10 At home, Salina’s manager texted her about covering a shift in the morning. Salina and

defendant went to their bedroom and argued about her reply. She got onto the bed and defendant

2 Salina testified that the incident occurred on the 90 block of South Avenue M, but the record elsewhere reflects the 9800 block of South Avenue M. The parties do not dispute the location.

-3- No. 1-19-1076

punched her lip with a closed fist. She tried to stand, but defendant pushed her down. Salina then

attempted to run downstairs. When she reached the stairs, defendant grabbed the back of her neck

with one hand, choked her with both hands, and called her “the B word and the C word.” She ran

into the bathroom, but defendant followed, grabbed the back of her neck, choked her with both

hands, and threw her into a closet space. She ran from the bathroom, and once defendant followed

her out, she ran back into the bathroom and locked the door. She vomited each time defendant

choked her.

¶ 11 Salina waited for defendant to calm down, and he sat by the door and apologized. When

she opened the door, he grabbed her again, but she broke free, ran downstairs, and grabbed a phone.

Defendant “dared” her to call the police, but she asked to call her father. Defendant consented, but

her father did not answer the phone. Salina did not call the police because she was scared.

Eventually, defendant drove her towards her father’s house, but made a U-turn and said, “calm

down” and “let’s talk about this.” They returned home and went to bed.

¶ 12 The next afternoon, defendant took Salina to her father’s house. Defendant lacked visible

injuries, but Salina had a “busted lip” and a knot on her head. Salina and her father went to the

police station. The State entered photographs, included in the record on appeal, which depict a

woman pulling her lower lip to reveal bleeding on the left side. Salina testified that the photographs

depicted her injuries. Another photograph showed the right side of a man’s face with two scrapes

across the temple; Salina denied that defendant had the scratches on March 23, 2018.

¶ 13 Salina further testified that in late December 2017 or early January 2018, defendant’s

cousin was staying with defendant and Salina. Defendant joined Salina upstairs and asked her to

go with him to take his cousin home. Salina declined, and defendant choked her with one hand,

-4- No. 1-19-1076

slapped her with an open palm, and said, “I love you and I’ll be back.” Defendant then left with

his cousin.

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2022 IL App (1st) 191076-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ybarra-illappct-2022.