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PEOPLE v. DAVIS

No. 84-1564.

137 Ill. App.3d 769 (1985)

484 N.E.2d 1098

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WALTER DAVIS, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed November 13, 1985.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Emily Eisner, Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat and Peter D. Fischer, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

PRESIDING JUSTICE WHITE delivered the opinion of the court:

Following a bench trial, defendant, Walter Davis, was found guilty of two counts of aggravated battery (Ill. Rev. Stat. 1983, ch. 38, pars. 12-4(a), 12-4(b)(1)), and he was sentenced to serve two concurrent terms of four years. On appeal, defendant contends that the trial court erred in permitting the prosecution to use the eyewitness' prior identification of defendant at the...

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