YOU DON’T KNOW WHAT A DATING RELATIONSHIP IS?

Following a jury trial, defendant was found guilty of domestic battery.  He was sentenced to 2½ years’ imprisonment.  He appealed.

He argues contends that he was not proven guilty beyond a reasonable doubt.   He claims that the State failed to present sufficient evidence that he was in a “dating relationship” with the victim.

A rational trier of fact could have found the required elements beyond a reasonable doubt.   The victim testified that she had been dating Defendant 6-8 months.  She believed he was her boyfriend.

She had been “with him” three years prior to the date in question. She explained that they saw each other every night. They had a sexual relationship. They communicated during each day. When she would receive her welfare check, the pair would go shopping. He kept items at her apartment, including a shirt and toothbrush.

She provided enough details to establish their relationship.  The jury could reasonably infer that Defendant and victim were in a dating relationship.

The Trial Court did not abuse its discretion in refusing to provide nonpattern jury instruction defendant requested in response to jury note for “more clarification on what the law says a relationship is.”

People v. Wallace, 2020 IL App (1st) 172388 (March 27, 2020) Cook Co., 6th Div.

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