People v. Fitzgerald

PRESIDING JUSTICE ZWICK

delivered the opinion of the court:

This is an appeal from a consolidated bench trial. Defendant, Timothy Fitzgerald, was charged with two counts of home invasion and one count of criminal damage to property in appeal No. 1 — 98— 3932. He was charged with one count of attempted murder and three counts of aggravated battery in appeal No. 1 — 98—4531.

The record in No. 1 — 98—3932 shows that defendant, who was in a drunken and jealous rage at 2 a.m., broke through a door at the home of Gail Cari, his former girlfriend. Defendant threw Cari to the ground, repeatedly kicked…