People v. Lopez

              First Division
February 26, 2007
No. 1-05-1354
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellee,
v.
VICENTE LOPEZ,
Defendant-Appellant.
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Appeal from
the Circuit Court
of Cook County
02 CR 06193
Honorable
John J. Scotillo
Judge Presiding
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
Following a jury trial, defendant, Vicente Lopez, was found guilty of first degree murder
and sentenced to 75 years’ imprisonment. On appeal, defendant contends that: (1) he received
ineffective assistance of counsel; (2) the trial court abused its discretion when it failed to instruct
the jury on second degree murder based on provocation resulting from mutual combat; (3) the
court erred when it allowed the State to introduce prejudicial other crimes evidence; and (4) the
court erred when it failed to properly admonish the jury concerning other crimes evidence.
Defendant was arrested and charged by indictment with six counts of first degree murder
in connection with the shooting death of his wife, Blanca Lopez, which occurred during the early
morning hours of February 10, 2002. Prior to trial, the State filed a motion to admit evidence
that defendant had pointed a gun at Blanca on three occasions prior to the murder, and evidence
that gunshots had previously been fired in defendant’s house. Over defense counsel’s objection,
the court ruled that the other crimes evidence was admissible, stating that its probative value
outweighed its prejudice to defendant, and that, given defendant’s theory that the shooting was an
accident, the evidence was relevant to show motive, intent, and absence of mistake.