Father was convicted of domestic battery. He had hit his girlfriend. He appealed. He argued that his attorney did not do a proper job. His attorney had requested a self-defense instruction. That means that Father wanted the jury to know that he acted in self-defense.
But, at trial, she had presented a theory of the case that was different from self-defense. He argued that he did not act in self-defense. He argued that he had done nothing at all. Therefore, he should not be guilty.
At trial, Father had testified. He denied committing the necessary act (a battery). He took the witness stand. Then, he admitted to pushing his girlfriend away from him after she pushed him. First, he had denied doing anything. Later, he admitted to what he had been charged with.
The jury heard that father admitted to the act. That, along with the girlfriend’s testimony, was enough to convict him.
People v. Brown, 2017 IL App (3d) 140921, June 29, 2017.
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