People v. Calderon

              No. 2--05--0532 filed: 12/6/06
____________________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE
OF ILLINOIS,
Plaintiff-Appellee,
v.
GULMARO H. CALDERON,
Defendant-Appellant.
))))))))))
Appeal from the Circuit Court
of Kane County.
No. 04--CF--1868
Honorable
Timothy Q. Sheldon,
Judge, Presiding.
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JUSTICE BOWMAN delivered the opinion of the court:
Defendant, Gulmaro H. Calderon, was convicted of aggravated battery with a firearm (720
ILCS 5/12--4.2(a)(1) (West 2004)) and sentenced to 10 years' imprisonment. On appeal, defendant
argues that the trial court erred by: (1) granting the State's motion in limine to restrict his
impeachment of the victim; (2) allowing evidence of the victim's prior photo identification of
defendant even though the victim failed to identify defendant in court; (3) allowing the victim's
brother to make an in-court identification of defendant when the brother had not previously made an
identification and had told the police that he could not make an identification; (4) not allowing
defendant to call a rebuttal witness because he was not on defendant's list of witnesses; (5) not
allowing defendant to rehabilitate a witness through a prior consistent statement made to the police;
(6) allowing an accountability instruction; and (7) allowing improper argument by the State. We
affirm.