People v. Davis

PRESIDING JUSTICE WHITE

delivered the opinion of the court:

Following a bench trial, defendant, Walter Davis, was found guilty of two counts of aggravated battery (Ill. Rev. Stat. 1983, ch. 38, pars. 12 — 4(a), 12 — 4(b)(1)), and he was sentenced to serve two concurrent terms of four years. On appeal, defendant contends that the trial court erred in permitting the prosecution to use the eyewitness’ prior identification of defendant at the preliminary hearing as substantive evidence of his guilt after the witness failed to make a positive identification of defendant at trial; that he was not…