People v. Gabriel

THIRD DIVISION January 27, 2010 No. 1-07-2231 THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from ) the Circuit Court Plaintiff-Appellee, ) of Cook County. ) v. ) ) HERMIZ GABRIEL, ) Honorable ) James B. Linn, Defendant-Appellant. ) Judge Presiding. JUSTICE QUINN delivered the opinion of the court: Following a bench trial, defendant was found guilty of aggravated battery with a firearm based on an accountability theory and sentenced to seven years in prison. On appeal, defendant contends that: (1) the State failed to prove him guilty beyond a reasonable doubt of aggravated battery with a…