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02/01/89 the People of the State of v. Shayne Rinaldi

February 1, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

SHAYNE RINALDI, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

534 N.E.2d 515, 179 Ill. App. 3d 539, 128 Ill. Dec. 333 1989.IL.108

Appeal from the Circuit Court of Winnebago County; the Hon. John E. Sype, Judge, presiding.

APPELLATE Judges:

JUSTICE McLAREN delivered the opinion of the court. WOODWARD and LINDBERG, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCLAREN

After a jury trial, defendant, Shayne Rinaldi, was convicted of four counts of aggravated battery. Count I was premised on bodily harm inflicted on William E. Jackson while using a deadly weapon (Ill. Rev. Stat. 1985, ch. 38, par. 12-4(b)(1)), and count II was premised on causing great bodily harm to William E. Jackson (Ill. Rev. Stat. 1985, ch. 38, par. 12-4(a)). Similarly, count III was based on bodily harm to Stephen L. Jackson while using a deadly weapon (Ill. Rev. Stat. 1985, ch. 38, par. 12-4(b)(1)), and count IV was based on great bodily harm to Stephen L. Jackson (Ill. Rev. Stat. 1985, ch. 38, par. 12-4(a)). On April 13, 1987, the trial court sentenced defendant to two concurrent two-year terms of imprisonment for counts I and III and imposed no sentence for counts II and IV. In addition, the trial court imposed a fine of $500 to be paid into the Violent Crime Victims Assistance Fund pursuant to section 10 of the Violent Crime Victims Assistance Act (the Act) (Ill. Rev. Stat. 1985, ch. 70, par. 510).

On appeal, defendant raises four issues: (1) whether the trial court erred in permitting the State to introduce testimony which implied that the defendant was involved in crimes unrelated to the charges of aggravated battery; (2) whether two of the convictions of aggravated battery must be vacated because they arose from a single act; (3) whether the $500 fine was properly imposed; and (4) whether defendant was entitled to credit against his term of imprisonment for the time spent in custody prior to his convictions. We affirm as modified and remand the cause with directions.

We summarize only the facts pertinent to the issues raised on appeal.

At trial, William Jackson testified that, on July 16, 1986, at approximately 10:30 p.m., he returned to his Rockford residence after an evening out with his wife, Peggy, and his son, Stephen. Upon his arrival home, William went to get his mail and saw an automobile that was approaching with its lights off. Realizing that he was right in the automobile's path, he jumped back onto the sidewalk. He described the vehicle that he saw as an old, light-colored, four-door model with a loud muffler. After this incident, William returned to his home and prepared to retire for the evening. A short time later, however, he heard noises in his driveway. He left his house to investigate these sounds and shortly thereafter was beaten by two attackers.

William Jackson recalled being struck by "a long metal object" which was about "18 inches to two feet" in length. The weapon was later identified as a pair of martial arts weapons called "numchucks." In court, William Jackson identified the defendant as one of the individuals who attacked him on the night in question. Jackson stated that the area where the attacks occurred was illuminated by two outdoor garage lights.

According to William Jackson, the assault on him continued until his son joined the fray. William sustained a wound above his left ear which cut through the skin and muscle, and another cut above that one which was just opened up slightly and bleeding. He was bruised on his right arm. His injuries later required hospitalization, and he received stitches.

The scuffle continued for a few moments, and then the two assailants started running through the backyard, pursued by William Jackson and his son, Stephen. William saw them get into an automobile which was the same vehicle he had seen earlier that evening.

After the attackers had left, William Jackson returned home and called the police. Later that night, a search of the area produced the numchucks which had been dropped by one of the assailants.

Stephen Jackson corroborated his father's testimony concerning the events that occurred that evening. During his testimony, Stephen Jackson also identified Shayne Rinaldi as one of the individuals who attacked his father. Stephen also received injuries, having been struck by the numchucks when he came to his father's ...


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