People v. Washington

              No. 2--05--0826 Filed: 8-24-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Kane County.
)
Plaintiff-Appellee, ))
v. ) No. 04--CF--2383
)
IAN F. WASHINGTON, ) Honorable
) Philip L. DiMarzio,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE CALLUM delivered the opinion of the court:
Defendant, Ian F. Washington, was tried by jury for attempted first degree murder (720 ILCS
5/8--4(a) (West 2004)), aggravated battery with a firearm (720 ILCS 5/12--4.2(a)(1) (West 2004)),
aggravated discharge of a firearm (720 ILCS 5/24--1.2(a)(2) (West 2004)), and mob action (720
ILCS 5/25--1(a)(1) (West 2004)). The trial court granted a mistrial on the mob action charge. On
June 24, 2005, the jury found defendant guilty of the remaining offenses. The trial court denied
defendant's motion for a new trial and sentenced defendant to 12 years' imprisonment. Defendant
timely appeals, arguing that: (1) an alternate juror was erroneously substituted for a deliberating juror
after the original jury had reached a verdict on one count; (2) the trial court abused its discretion in
permitting the introduction of gang-related evidence; (3) defendant's right to confront and cross-examine
witnesses was violated; (4) the cumulative impact of trial errors deprived defendant of a