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People v. Kelley

April 15, 2003

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
RYAN M. KELLEY, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Winnebago County. No. 00--CF--2165 Honorable Kathryn E. Zenoff, Judge, Presiding.

The opinion of the court was delivered by: Justice Byrne

PUBLISHED

Defendant, Ryan M. Kelley, was charged with aggravated unlawful use of a weapon (UUW) (720 ILCS 5/24--1.6(a) (West 2000)) and involuntary manslaughter (720 ILCS 5/9--3(a) (West 2000)) for shooting and killing his friend, Tyler Johnson, on August 7, 2000. Defendant filed a motion for a directed verdict following the close of the State's case, and the trial court denied the motion. A jury found defendant guilty of aggravated UUW and not guilty of involuntary manslaughter. The trial court imposed a sentence of 60 days' periodic imprisonment, 30 months' probation, and 200 hours' community service. On appeal, defendant argues that the trial court erroneously denied his motion for a directed verdict on the aggravated UUW charge because the State failed to prove that he was not on his land, in his abode, or in his fixed place of business while he possessed the weapon. We affirm.

FACTS

We set forth only the facts relevant to this appeal. At trial, Melissa Ramstedt, a friend of defendant, testified to who resided in the building where the shooting occurred. During the State's case in chief, Melissa and the prosecutor engaged in the following colloquy:

"Q. And I'm gonna direct your attention to August 7th of 2000. Where did you live at that time?

A. 1004 Luther Avenue.

Q. And where in the house did you live?

A. In the basement.

Q. Did you live there with anyone?

A. With Timothy Strahorn.

Q. And what is your - at that time were you dating Tim Strahorn?

A. Yes.

Q. And who else lived in the house?

A. His mother, Linda Strahorn, and occasional [sic] his sister, Kristin Strahorn. ...


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