People v. Hogan

              Fourth Division
March 19, 2009
No. 1-06-3039
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
)
v. ) 04 MC1 238345
)
TERRILYN HOGAN, ) Honorable
) Israel Abaya Desierto,
Defendant-Appellant. ) Judge Presiding.
JUSTICE NEVILLE delivered the opinion of the court:
The defendant, Terrilyn Hogan, and her codefendant, Leon Alexander, were charged with
endangering the life of Hogan’s children. Following a jury trial, the defendant was convicted of three
counts of child endangerment and sentenced to two years’ probation. In this appeal, the defendant
presents the following issues for our review: (1) whether the State proved her guilty beyond a
reasonable doubt; (2) whether the State violated Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d 69,
106 S. Ct. 1712 (1986), when it failed to provide race-neutral reasons for exercising three of its four
peremptory challenges or, in the alternative, whether this court should remand for a Batson hearing;
(3) whether the prosecutor committed misconduct when she (a) bolstered the credibility of the State’s
witnesses and (b) introduced inadmissible evidence; and (4) whether the trial court erred when it
entered the sentencing order because it imposed an unauthorized fee. For the following reasons, we
reverse the defendant’s conviction and remand for a new trial.