APPEAL from the Circuit Court of Kane County; the Hon. JOHN A.
KRAUSE, Judge, presiding.
MR. PRESIDING JUSTICE GUILD DELIVERED THE OPINION OF THE COURT:
This is a consolidated appeal from the prosecution of two brothers, William and Kenneth Nally, for the offense of aggravated battery (Ill. Rev. Stat. 1977, ch. 38, par. 12-4(a)). The offense was committed on September 17, 1977, upon one Gene Ventucci, who was struck with an iron pipe about the face, head and body while on his own front porch. Ventucci was seriously injured and hospitalized. After an extensive jury trial involving numerous witnesses, the two defendants were found guilty and William Nally was sentenced to 3 1/2-10 years in the penitentiary and Kenneth Nally was sentenced to 18-54 months in the penitentiary. They appeal.
The defendants have alleged two potential errors in the proceeding below. First, they contend that prejudicial error occurred when the prosecuting attorney elicited, in his redirect examination of Michael Ventucci, the principal prosecution witness, the fact that the defendant William Nally had accused Ventucci of stealing cocaine from William Nally's van. This testimony, they contend, was unduly prejudicial and inflammatory and denied them of a fair trial. The defendant William Nally also contends, in an issue relating only to him, that the trial court erred in finding that he knowingly and intelligently elected between the sentencing provisions of the 1973 Unified Code of Corrections (Ill. Rev. Stat. 1977, ch. 38, par. 1005-8-1(b)(4)), and the 1977 amendatory act (Ill. Rev. Stat. 1977 Supp., ch. 38, par. 1005-8-1(a)(6)), without first informing him of the specific sentences which would be imposed pursuant to the provisions of each act.
After a careful review of the record herein we conclude, given the limited nature of the defendants' contentions, that a detailed resume of the events of September 17, 1977, would serve no real purpose here. As a consequence we will only concern ourselves with such facts as are necessary to decide the issues before us.
We now turn to the issue presented by both defendants regarding the admission of allegedly prejudicial testimony and the denial of their joint motion for a mistrial based upon this admission. The specific colloquy raised by the defendants as the source of error here was between the State's Attorney and Michael Ventucci on redirect examination.
"Q. All right. You said also that Bill Nally accused you of stealing something in his van?
Q. Did he make reference to anything specifically that he accused you of stealing?
MR. RICHARDS: Objection, Your Honor.
Shortly thereafter the defendants jointly moved for a mistrial, contending prejudicial error was committed by the admission of this statement. In ...