People v. Magee

              THIRD DIVISION
JUNE 29, 2007
No. 1-05-2646
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
)
v. ) No. 00 CR 24939
)
TERE MAGEE, ) The Honorable
) Marcus R. Salone,
Defendant-Appellant. ) Judge Presiding.
JUSTICE GREIMAN delivered the opinion of the court:
Following a jury trial, defendant, Tere Magee, was convicted of two counts of armed
robbery and two counts of aggravated criminal sexual assault in conjunction with an incident
involving two women at a beauty salon and was later sentenced to a total of 50 years’
imprisonment. On appeal, defendant contends that he was denied a fair trial because the trial
court impermissibly instructed the jury that the eyewitnesses’ level of certainty and the accuracy
of their prior descriptions were relevant factors in assessing the reliability of their identifications.
In addition, defendant contends that the trial court improperly increased his sentence after its
imposition. Finally, defendant contends that his mittimus must be corrected to accurately reflect
the offenses for which he was convicted.
The evidence adduced at trial demonstrated that, at approximately 11:30 p.m. on August
4, 2000, the victims, T.J., a hairstylist, and S.D., her customer, were leaving The Hair Exchange
beauty salon when an armed man, later identified by both women as defendant, approached and
demanded their money. T.J. complied, but defendant instructed the victims, at gunpoint, to