People v. Pergeson

Following a bench trial, defendant, Coy W. Pergeson, was convicted of aggravated battery (720 ILCS 5/12 — 4(b)(8) (West 2002)) for an incident that occurred at the entrance to the Fox Valley Mall. The trial court found, as alleged in the indictment, that the battery occurred on a public way. Defendant appeals, arguing that under this court’s opinion in People v. Dexter, 328 Ill. App. 3d 583 (2002), private property such as the mall is not a public way. He therefore asks us to reduce his conviction to one of simple battery. We affirm.

The following evidence was presented at trial. On May 25,…