May 12, 2008
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
ANDREW WESLEY, ) Honorable
) Michael Brown,
Defendant-Appellant. ) Judge Presiding.
JUSTICE WOLFSON delivered the opinion of the court:
Following a jury trial, defendant Andrew Wesley was
convicted of two counts of first-degree murder and sentenced to a
55-year prison term. On appeal, he contends: (1) the State
failed to prove its case beyond a reasonable doubt; (2) his
constitutional right to confrontation was violated; and (3) one
of his convictions for first degree murder must be vacated under
the one-act, one-crime rule. We affirm, but amend the mittimus
to reflect only one conviction of first-degree murder.
On May 15, 2005, Leroy Graham and the victim, Malik Jones,
began arguing over whether Jones could continue to sell marijuana
at the parking lot of the Three Stooges liquor store. While the
two men argued, a group of people gathered around them. When
Jones turned and started to walk away, a black man wearing a
black “hoodie” with braids in his hair stepped out of the crowd