People v. Thornton8/16/2002
t the evidence presented at trial was insufficient to prove his guilt of aggravated kidnaping beyond a reasonable doubt. The issue of whether a defendant has been proven guilty beyond a reasonable doubt is resolved by viewing the evidence in the light most favorable to the prosecution. People v. Hobley, 159 Ill. 2d 272, 313 (1994). In reviewing the sufficiency of evidence, this court determines whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. People v. Mullen, 313 Ill. App. 3d 718, 723-24 (2000). It is the function of the jury to assess the credibility of witnesses, weigh the evidence presented, resolve conflicts in the evidence, and draw reasonable inferences from the evidence. People v. Williams, 193 Ill. 2d 306, 338 (2000). The jury's determination is entitled to great deference, and when the sufficiency of the evidence is challenged, this court will not retry the defendant. People v. Boclair, 129 Ill. 2d 458, 474 (1989). The record in this case shows that the evidence against defendant was overwhelming. Consequently, we reject defendant's final claim of error.
For all of the above reasons, we affirm defendant's convictions and sentence.
Affirmed.
GREIMAN, J., concurs.
REID, J., dissents.
JUSTICE REID, dissenting:
I dissent. "An important goal of the criminal justice process is the protection of the innocent accused against an erroneous conviction." People v. Bull, 185 Ill. 2d 179, 212 (1998). Many would argue it is the goal of the highest priority. People v. Bull, 185 Ill. 2d 179, 212 (1998), citing 1 W. LaFave & J. Israel, Criminal Procedure §1.6(c), at 44 (1984). "The interest in the accuracy of a criminal proceeding that places an individual's life or liberty at risk is almost uniquely compelling. The many safeguards that the law has developed over the years to diminish the risk of erroneous conviction stand as a testament to this concern." Bull, 185 Ill. 2d at 212, citing Ake v. Oklahoma, 470 U.S. 68, 78, 84 L. Ed. 2d 53, 63, 105 S. Ct. 1087, 1093 (1985). "Whatever the number of safeguards in the system, the American criminal justice process is necessarily imperfect because it is operated by people and people are imperfect." Bull, 185 Ill. 2d at 212. In this case, there is no great conspiracy. In this case, an error was made that resulted in the separation of the ill juror from the rest while deliberations continued unabated. The majority believes that the trial court, once aware that an accidental error had taken place, adequately protected the sanctity of the judicial process by affirmatively polling the remaining jurors to ensure that any practical effect of the error was harmless. Respectfully, I must disagree with that conclusion.
The Illinois Constitution of 1970 guarantees the right to trial by jury. Ill. Const. 1970, art. I, §13. With certain exceptions, none of which apply here, a trial by jury has been held to be a trial by a jury comprised of 12 jurors. Hartgraves v. Don Cartage Co., 27 Ill. App. 3d 298, 301 (1975). Courts of this state have found that a criminal defendant's right to a 12-person jury is so fundamental that reviewing courts will invoke the plain error doctrine where appropriate to raise the issue on its own motion. The right to a 12-person jury is an essential feature of a substantial constitutional guarantee. People v. Matthews, 304 Ill. App. 3d 415, 419 (1999). Without consent of the parties, a verdict may not be properly rendered by a jury of any number other than 12. Hartgraves, 27 Ill. App. 3d at 301. In short, the jury system is a process, one worthy of our greatest care and protection.
In the case at ba
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