2022 IL App (2d) 200098 

No. 2-20-0098 

 Opinion filed January 18, 2022 

______________________________________________________________________________ 

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

______________________________________________________________________________ 

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court 

OF ILLINOIS, ) of Kane County. 

) 

Plaintiff-Appellee, ) 

) 

v. ) No. 17-CF-2358 

) 

KENNRITH L. FOSTER, ) Honorable 

) Donald Tegeler Jr., 

Defendant-Appellant. ) Judge, Presiding. 

______________________________________________________________________________ 

JUSTICE ZENOFF delivered the judgment of the court, with opinion. 

Presiding Justice Bridges and Justice Hutchinson concurred in the judgment and opinion. 

OPINION

¶ 1 Following a bench trial, defendant, Kennrith L. Foster, was found guilty of attempted firstdegree murder (720 ILCS 5/8-4(a), 9-1(a)(1) (West 2016)), three counts of armed robbery (720 

ILCS 5/18-2(a)(2)-(4) (West 2016)), three counts of armed violence (720 ILCS 5/33A-2(a)-(c)

(West 2016)), aggravated battery (720 ILCS 5/12-3.05(e)(1) (West 2016)), aggravated domestic 

battery (720 ILCS 5/12-3.3(a-5) (West 2016)), and unlawful use or possession of a weapon by a 

felon (720 ILCS 5/24-1.1(a) (West 2016)). The trial court sentenced defendant to an aggregate 80 

years’ incarceration in the Department of Corrections. Defendant appeals, and we affirm.

¶ 2 I. BACKGROUND
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¶ 3 In February 2018, defendant was charged with the offenses referenced above arising out of 

the beating, strangling, and shooting of Angela Edmonds1 on December 17, 2017. 

¶ 4 At defendant’s arraignment, the trial court explained that defendant had the right to plead 

not guilty and that his trial “either could be a bench trial or jury trial.” Defendant pleaded not 

guilty. Subsequently, before defendant’s bench trial, defense counsel explained to the court that 

defendant “executed and informed me that he wishes to waive Jury but go Bench.” Defendant 

raised no objection. The following colloquy then occurred: 

“THE COURT: All right. Let’s go through the Waiver, first. Mr. Foster, I have 

before my [sic] a Waiver of Trial by Jury, did you sign this?

THE DEFENDANT: Yes, sir, I did. 

THE COURT: You understand if you ask for a trial by the Bench, most likely 

myself on Monday, and you waive a Jury Trial, you waive it forever, you cannot come 

back and ask for a Jury Trial? 

THE DEFENDANT: Yes, Your Honor. 

THE COURT: Has anyone forced you to sign this? 

THE DEFENDANT: No, Your Honor. 

THE COURT: Has anyone promised you anything other than the fact you would 

not have a jury, to sign this? 

THE DEFENDANT: No, Your Honor. 

1 The charging documents refer to Edmonds as “Angela Foster.” At trial, Edmonds testified

that, at the time the charging documents were filed, she had changed her surname to “Edmonds” 

but had not yet changed any of her identification documents. 
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THE COURT: Has anyone threatened you in any way to sign this? 

THE DEFENDANT: No, Your Honor. 

THE COURT: You’re doing this of your own free will? 

THE DEFENDANT: Yes, Your Honor. 

THE COURT: Okay, I’ll accept the Waiver and in that case, we’ll set it up for trial 

on Monday.”

¶ 5 On October 21, 2019, a bench trial was held. Edmonds testified that she and defendant met 

in about 2011 and began a dating relationship that eventually led to their marriage in 2015. Within 

days of their marriage, however, their relationship began to deteriorate, and, in the summer of 

2017, Edmonds obtained a divorce from defendant. Thereafter, she began dating a man named 

Lamongo Snow. On December 10, 2017, after learning of Edmonds’s relationship with Snow, 

defendant began repeatedly calling Edmonds’s cell phone. Over several days, defendant called 

Edmonds “hundreds” of times, begging her to end her relationship with Snow, threatening to harm 

himself, and threatening to harm her. As a result, Edmonds changed her phone number. On

December 15, 2017, Edmonds and Snow married. 

¶ 6 Edmonds testified that, in the early-morning hours of December 17, 2017, she was working

an overnight shift alone at the Shell gas station and convenience store in Sugar Grove. She 

described the layout of the convenience store, noting that a long sales counter was situated to the 

left of the doors as customers enter. Beyond the counter was a short hallway that housed restrooms, 

as well as an office next to the men’s restroom. The office included a sink, a desk, a computer to 

clock in, and cleaning supplies. A sign on the door to the office read, “Employees Only,” and the

door was propped completely open by a kickstand. 
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¶ 7 During Edmonds’s shift, defendant called the store phone four times. Because defendant’s 

information appeared on the phone’s caller identification, Edmonds ignored the first several calls. 

Eventually, however, Edmonds answered, and defendant told her that he forgave her “for getting 

married,” but that she needed to leave Snow. Edmonds told defendant to “move on,” then hung 

up. 

¶ 8 Edmonds testified that, minutes later, at about 3 a.m., defendant entered the store and 

approached her while she stood behind the sales counter. Defendant pointed a gun at Edmonds and 

told her “Don’t run” or he would shoot her. Edmonds ran to the office in the hallway and attempted 

to close the door, but she was unable to do so because it was propped open by the kickstand. As 

defendant approached her, she panicked and fell to the ground face-down. 

¶ 9 Defendant sat on Edmonds’s back and began to hit her in the back of her head with his fist

for approximately two minutes. During the struggle, defendant “snatched” Edmonds’s wedding 

rings from her fingers. Right then, Snow attempted to call Edmonds on her cell phone, which was 

on the floor in front of her, and Edmonds and defendant both reached for the phone. Edmonds 

grabbed the phone first, but defendant began squeezing her hand and banging it on the ground.

Defendant told Edmonds, “You are going to die, B***,” and, “If I can’t have you, nobody can.” 

¶ 10 Edmonds testified that, while she begged defendant to stop, defendant, who was still armed 

with the gun, pulled the trigger. Edmonds testified that she “felt the breeze” from the gun and felt 

her head hit the floor. Edmonds acknowledged that she did not remember telling police officers

that defendant shot her “before he started beating [her],” but she agreed that she would have been 

clearer as to the sequence of events closer to December 17, 2017. Edmonds explained that, after 

defendant shot her, he began punching her in the back of the head and strangling her by placing 
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her in a chokehold for two to three minutes. Edmonds struggled to breathe, and she eventually 

blacked out. 

¶ 11 Approximately 15 minutes after defendant left the Shell station, Andrew Rooker entered 

the store. Rooker testified that he used the restroom, then grabbed a soda and went to the register. 

No one was there to wait on him, and he did not see anyone else in the store. After some time, 

Rooker heard a phone ringing, so he looked toward the back office and “saw a foot through the 

door.” Rooker went to the office and discovered Edmonds on the floor. Rooker checked to see if 

Edmonds was breathing, then he called 911. 

¶ 12 When the police and paramedics arrived at the scene, Edmonds was “groggy.” Even so, 

Edmonds told the first responders that “it was Ken” who hurt her. Sugar Grove police officer Roy 

Hamold testified that he photographed the scene and observed blood on the floor, but he found no 

shell casings or jewelry. Kane County Sheriff’s Detective Amy Johnson was assigned to assist the 

Sugar Grove Police Department with evidence recovery. She testified that she did not find any 

rings, cell phones, shell casings, or projectiles. Johnson learned that a surveillance video existed, 

and she viewed it. 

¶ 13 Edmonds was taken to the emergency room at Presence-Mercy Hospital in Aurora. Upon 

Edmonds’s arrival, Dr. Marlaina Norris inspected her injuries. Dr. Norris testified that Edmonds 

had a facial hematoma, or enlarged bruising, on the left side of her forehead. Dr. Norris ordered a 

CAT scan, and she reviewed the images. Dr. Norris observed “a metallic foreign body” on the 

right side of Edmonds’s head, behind her ear. Because there were no head trauma specialists at 

Presence-Mercy Hospital, Dr. Norris initiated the process to have Edmonds transferred to Good 

Samaritan Hospital in Downers Grove. 
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¶ 14 Before Edmonds’s transfer, Dr. John Tauscher, a radiologist, also reviewed Edmonds’s 

CAT scan images. Dr. Tauscher testified that he observed hematomas in the subcutaneous tissue

in the frontal area above the eye, a bullet-shaped metal object in the subcutaneous tissue of the 

right side of the skull, and a hemorrhage in the subarachnoid space in the right parietal lobe

consistent with trauma from the metal object observed. 

¶ 15 After arriving at Good Samaritan Hospital, Edmonds was treated by Dr. Leah Tatebe, a 

trauma surgeon. Dr. Tatebe testified that she observed several bruises on Edmonds’s face and a

metal fragment that appeared to be a bullet inside a one-to-two centimeter wound on the back right 

of her scalp. Dr. Tatebe removed the bullet “pretty eas[ily]” during an exploratory procedure. Dr. 

Tatebe explained that the bullet did not penetrate Edmonds’s skull but that it caused a traumatic 

brain injury nonetheless. Dr. Tatebe noticed that, while Edmonds underwent physical therapy, 

Edmonds was unsteady on her feet, needed assistance walking, and suffered from constant nausea.

¶ 16 Lieutenant Richard Robertson of the Aurora Police Department testified as a firearms and 

firearms ammunition expert. Robertson testified that he reviewed the surveillance video from the 

store. He noted that he observed a “gaseous discharge” emanate from the gun while defendant held 

it to the right side of Edmonds’s head, which, in Robertson’s opinion, established that defendant 

shot at Edmonds’s head at nearly point-blank range. Robertson acknowledged that Edmonds did 

not suffer the injuries one would expect from being shot under such circumstances. Robertson 

believed that this was because “environmental factors” caused the ammunition in defendant’s gun

to malfunction. Robertson explained that, when ammunition is particularly old or exposed to 

moisture, gunpowder can degrade, such that it does not burn properly. When that occurs, there is

insufficient pressure to push out a projectile at a normal velocity and insufficient energy to eject a 
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shell casing. Robertson noted that, although the surveillance video showed defendant discharging 

the gun, he saw no evidence of a shell casing being ejected.

¶ 17 Before the State rested, the parties stipulated that defendant was convicted of felony 

unlawful possession of a controlled substance in Cook County circuit court case No. 00-CR1192101. 

¶ 18 Defendant testified in his own defense. He explained that he moved out of Edmonds’s 

home in November of 2017 and was living in East Chicago, Indiana. On the morning of December 

16, 2017, Edmonds called defendant, and they discussed attempting to reconcile their marriage. 

Defendant claimed that, at that time, he did not know that he and Edmonds were divorced, because 

he was never served with court papers and he did not appear in court for any divorce proceedings.

Consequently, defendant thought that reconciling their marriage “could work.” Later that day, 

however, defendant learned from a family member that Edmonds had, in fact, married Snow.

Defendant felt “a lot of pain” and “started getting high and drunk with a friend” to cope.

Defendant’s friend told him that he should “find out why” Edmonds married Snow and “scare 

her.” Defendant “thought it seemed like a good idea,” took a gun from his friend, and left for 

Edmonds’s place of employment. 

¶ 19 When defendant arrived, he showed Edmonds the gun and told her, “Don’t move.” 

Defendant testified that he did so because he “wanted her to be scared.” Defendant admitted that, 

when Edmonds ran into the office, he followed her and began to hit her because he “wanted her to 

feel some sort of the physical pain that [he] was feeling emotionally.” Defendant then saw that 

Edmonds’s phone was receiving a call from someone identified as “My husband.” At that point, 

he “really knew” that Edmonds had married someone else. Defendant claimed that he did not 

remember if he had the gun out at that point and did not know if it “went off.” Defendant explained 
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that he put Edmonds in a chokehold to “put her to sleep” so that he could “get away.” Defendant 

admitted that, while Edmonds lay unconscious, he placed his foot on her back and applied pressure, 

stomped on her with his foot, and jumped on her back—landing with both feet—two or three times.

Defendant reiterated that he wanted to cause Edmonds physical pain. Defendant also admitted that 

he took Edmonds’s rings and cell phone because the rings “were the sources of [his] pain” and 

because he knew her wedding pictures would be on the phone. Defendant then left the store. 

Defendant maintained that he “never knew that the gun went off.” 

¶ 20 Following closing arguments, the trial court found defendant guilty on all counts. 

Defendant filed posttrial motions, including a motion for a new trial and motions alleging 

ineffective assistance of counsel. On December 23, 2019, the trial court denied those motions. 

¶ 21 At sentencing, defendant’s counsel asked the court to consider that Edmonds did not suffer 

life-threatening injuries. Counsel asserted that the bullet did not proceed through Edmonds’s skull 

to her brain and that the bullet was removed with relative ease. Counsel also argued that defendant 

“led a law-abiding life for a substantial period of time.” Counsel referred the court to the 

presentence investigation report. That report showed that defendant had a criminal history of 

felonies and misdemeanors dating back to 1991. However, counsel emphasized that defendant’s 

last felony conviction was in 2000, for unlawful possession of a controlled substance, and

defendant had no criminal history for the next “approximately 16 years.” Counsel further argued 

that defendant acted under a strong provocation after finding out about Edmonds’s marriage to 

someone else and that defendant’s conduct was the result of circumstances unlikely to recur. 

¶ 22 The trial court acknowledged that defendant did not have a lengthy criminal history, but it 

noted that he has nevertheless been “a convicted felon at least since 1991.” The court further noted 

that, while defendant’s conduct was the result of circumstances unlikely to recur, that conduct
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“was reprehensible” and “one of the most violent attacks I’ve ever seen.” The court rejected 

defendant’s claim that he acted under strong provocation, as defendant drove all the way from 

Indiana to Sugar Grove, Illinois, and therefore had “at least an hour to think about his actions.”

Finally, the court explained that Edmonds “should be dead,” considering that she “had a bullet 

literally enter her head.” Even so, despite defendant’s efforts to shoot, beat, and strangle Edmonds, 

Edmonds was “able to survive,” although “she was not able to walk away from this.” Ultimately, 

the trial court sentenced defendant to 45 years in prison for attempted first-degree murder. That 

sentence was to run consecutively to concurrent prison terms of 35 years for armed violence, 33 

years for armed robbery, and 5 years for unlawful possession or use of a weapon by a felon. 

Accordingly, the court sentenced defendant to a total term of 80 years of imprisonment.2

¶ 23 On January 6, 2020, defendant filed a motion to reconsider the sentence, which the trial 

court denied on January 30, 2020. Defendant timely appealed. 

¶ 24 II. ANALYSIS

¶ 25 A. Jury Trial Right 

¶ 26 Defendant first argues that the trial court erred in accepting his jury waiver, because the 

waiver was invalid. Specifically, he contends that inadequate admonitions by the trial court 

prohibited him from making a knowing, voluntary, and intelligent waiver. Defendant concedes 

that he forfeited this issue because he did not challenge the validity of his waiver in the trial court. 

See People v. Enoch, 122 Ill. 2d 176, 186 (1988) (both a trial objection and written posttrial motion 

raising the issue are required to preserve issue for review). However, defendant invokes the plainerror doctrine. 

2

 The trial court determined that the remaining counts merged into the foregoing counts. 
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¶ 27 Under the plain-error doctrine, a reviewing court may consider an unpreserved error when

(1) a clear or obvious error occurred and the evidence is so closely balanced that the error alone 

threatened to tip the scales of justice against the defendant, regardless of the seriousness of the 

error, or (2) a clear or obvious error occurred and that error is so serious that it affected the fairness 

of the defendant’s trial and challenged the integrity of the judicial process, regardless of the 

closeness of the evidence. People v. Piatkowski, 225 Ill. 2d 551, 565 (2007). The first step in 

conducting plain-error review, however, is determining whether error occurred. Piatkowski, 225 

Ill. 2d at 565. 

¶ 28 The right to a trial by jury is a fundamental right guaranteed by both the United States 

Constitution (U.S. Const., amends. VI, XIV) and the Illinois Constitution (Ill. Const. 1970, art. I, 

§ 8). People v. Bracey, 213 Ill. 2d 265, 269 (2004). A defendant may waive the right to a jury trial, 

but, to be valid, the waiver must be knowingly and voluntarily made. People v. Bannister, 232 Ill. 

2d 52, 65 (2008). Consistent with these constitutional requirements, section 103-6 of the Code of 

Criminal Procedure of 1963 provides that “[e]very person accused of an offense shall have the 

right to a trial by jury unless *** understandingly waived by defendant in open court.” 725 ILCS 

5/103-6 (West 2016). Section 115-1 further provides that “[a]ll prosecutions except on a plea of 

guilty or guilty but mentally ill shall be tried by the court and a jury unless the defendant waives a 

jury trial in writing.” 725 ILCS 5/115-1 (West 2016). 

¶ 29 While the trial court has a duty to ensure that a defendant’s waiver of his or her right to a 

jury trial is made expressly and understandingly, the court is not required to provide any particular 

admonition or information regarding that right. Bannister, 232 Ill. 2d at 66; People v. Rincon, 387 

Ill. App. 3d 708, 717-18 (2008). Thus, “[w]hether a jury waiver is valid cannot be determined by 

application of a precise formula, but rather turns on the particular facts and circumstances of each 
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case.” Bracey, 213 Ill. 2d at 269. The pivotal knowledge that the defendant must understand when 

waiving the right to a jury trial is that the facts of the case will be determined by a judge and not a 

jury. Bannister, 232 Ill. 2d at 69. Defendant bears the burden of establishing that his jury waiver 

was invalid. People v. Reed, 2016 IL App (1st) 140498, ¶ 7. 

¶ 30 “Generally, a jury waiver is valid if it is made by defense counsel in defendant’s presence 

in open court, without an objection by defendant.” Bracey, 213 Ill. 2d at 270; Rincon, 387 Ill. App. 

3d at 718; see also People v. Frey, 103 Ill. 2d 327, 332 (1984) (“Recognizing that the accused 

typically speaks and acts through his attorney, we have given effect to jury waivers made by 

defense counsel in defendant’s presence where defendant gave no indication of any objection to 

the court hearing the case.”). Additionally, “[a]lthough a signed jury waiver alone does not prove 

a defendant’s understanding, it is evidence that a waiver was knowingly made.” Reed, 2016 IL

App (1st) 140498, ¶ 7. Further, a defendant’s criminal history can support a finding that he or she 

knowingly waived the right to a jury trial, because it evidences experience with the criminal justice 

system. See People v. Tooles, 177 Ill. 2d 462, 471 (1997) (“We further observe that defendant’s 

criminal record consisted of four previous convictions, through which he was presumably familiar 

with his constitutional right to a trial by jury and the ramifications attendant to waiving this right.”); 

People v. Thomas, 2019 IL App (2d) 160767, ¶ 19 (“[D]efendant’s criminal history bolsters the 

determination that he understood his rights, based on his experience with the criminal justice 

system.”).

¶ 31 Under the circumstances here, we hold that defendant knowingly and voluntarily waived 

his right to a jury trial. At defendant’s arraignment, the trial court informed defendant that, if he 

pleaded not guilty, his trial “either could be a bench trial or jury trial.” Subsequently, at the final 

pretrial hearing, defendant was present in court with his counsel. Defendant’s counsel presented a 
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signed jury waiver form and told the court that defendant “executed and informed me that he 

wishes to waive Jury but go Bench.” Defendant did not object or indicate that he had any questions. 

Accordingly, defendant’s “silence while his *** attorney request[ed] a bench trial provides 

evidence that the waiver is valid.” Reed, 2016 IL App (1st) 140498, ¶ 7. 

¶ 32 The trial court then said, “Let’s go through the Waiver,” and immediately asked defendant 

if he signed the jury waiver form. Defendant answered that he did. The court informed defendant 

that, “if you ask for a trial by the Bench, most likely myself on Monday, and you waive a Jury 

trial, you waive it forever.” Defendant acknowledged that he understood. The trial court asked 

defendant if anyone threatened him, forced him to sign the waiver, or promised him “anything 

other than the fact that [he] would not have a jury.” Defendant answered, “No, Your Honor.” 

Finally, the trial court asked defendant if he was “doing this of [his] own free will,” and defendant 

answered, “Yes, Your Honor.” At no point did defendant ask any questions about the jury waiver 

or otherwise indicate that he did not understand it. See Reed, 2016 IL App (1st) 140498, ¶ 8 

(responses to trial court’s questioning and absence of any objection or questions from defendant 

evidenced a valid jury waiver). 

¶ 33 Moreover, the record establishes that defendant has a criminal history dating back to 1991, 

consisting of three misdemeanors and three felonies. The presentence investigation report indicates

that defendant pleaded guilty to one of the misdemeanors and that he was last convicted of a felony 

in 2000. In light of defendant’s experience with the criminal justice system, his criminal record

supports the conclusion that he understood his right to a jury trial and the consequences of waiving 

that right. Thomas, 2019 IL App (2d) 160767, ¶ 19. 

¶ 34 Defendant counters that Tooles requires a trial court to explain the differences between a 

jury trial and a bench trial and to ascertain whether a defendant has consulted with counsel prior 
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to signing a written jury waiver. Defendant argues that, because the trial court failed to make those 

“requisite inquiries,” his waiver was invalid. Defendant’s interpretation of Tooles is misguided. In 

Tooles, our supreme court reviewed the trial records in three separate cases to determine whether 

the defendants had each understandingly waived their right to a jury trial. Tooles, 177 Ill. 2d at 

469-73. At every trial, the trial court spoke directly to the defendant. Tooles, 177 Ill. 2d at 469-72. 

Defendant Tooles was asked if he understood what a jury trial was and was prompted to explain 

that concept to the court, which he did. Tooles, 177 Ill. 2d at 469. Tooles was also asked if his jury 

waiver was the product of any promises or threats, and Tooles affirmed that it was not. Tooles, 177 

Ill. 2d at 470. Defendant Farmer was asked if he understood that, by giving up a jury trial, his case 

would be heard by the judge sitting without a jury, and Farmer answered that he did. Tooles, 177 

Ill. 2d at 471. Defendant Gray received an explanation of both a jury trial and a bench trial, and he

acknowledged that he understood that, by waiving a jury, his case would proceed as a bench trial.

Tooles, 177 Ill. 2d at 472. 

¶ 35 Our supreme court concluded that all three defendants had understandingly waived their 

right to a jury trial under the circumstances, referencing the trial courts’ admonitions in each case

with approval. Tooles, 177 Ill. 2d at 470-73. However, the supreme court made clear that whether 

a jury waiver is made understandingly turns on the facts and circumstances of each case, reiterating

the longstanding principle that “no set admonition or advice is required before an effective waiver 

of that right may be made.” Tooles, 177 Ill. 2d at 469. Thus, contrary to defendant’s claim, Tooles

sets forth no specific admonition that a trial court must give to render a defendant’s jury waiver 

valid. 

¶ 36 Defendant also relies on People v. Sebag, 110 Ill. App. 3d 821 (1982), but his reliance on 

that case is similarly misplaced. In Sebag, the defendant was charged with battery and public 
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indecency. Sebag, 110 Ill. App. 3d at 822. The defendant, acting pro se, signed a jury waiver form. 

Sebag, 110 Ill. App. 3d at 825, 828. As to the battery charge, the trial court informed him that he 

could have his case tried before a jury or a judge and that, if he waived a jury, he could not reinstate 

it. Sebag, 110 Ill. App. 3d at 828-29. The appellate court held that the record did not establish that 

the defendant waived his jury trial right on the public indecency charge, particularly where he was 

not familiar with criminal proceedings and did not have the benefit of counsel. Sebag, 110 Ill. App. 

3d at 829. Sebag is distinguishable because, here, defendant was represented by counsel at the time 

of the waiver and his criminal record indicates that he was familiar with criminal proceedings. 

¶ 37 This case more closely resembles Reed. In Reed, the defendant was present with his counsel 

at several pretrial hearings. Reed, 2016 IL App (1st) 140498, ¶ 2. At the hearings, the defendant’s 

counsel told the court multiple times that the trial would be a bench trial, and the defendant 

remained silent on each occasion. Reed, 2016 IL App (1st) 140498, ¶ 2. On the day of trial, the 

trial court asked whether there would be a bench or a jury trial, and the defendant’s counsel 

answered “bench.” Reed, 2016 IL App (1st) 140498, ¶ 2. The defendant raised no objection and

subsequently informed the court that he signed a written waiver, that he wished to waive his jury 

right and submit to a bench trial, and that no promises or threats compelled his waiver. Reed, 2016 

IL App (1st) 140498, ¶ 2. The appellate court concluded that the defendant’s waiver was valid. 

Reed, 2016 IL App (1st) 140498, ¶ 8. The court explained that the defendant’s silence on every 

occasion in which his counsel said that they would pursue a bench trial, the presence of the written 

waiver, and the defendant’s responses to the trial court’s questioning all evidenced a knowing 

waiver. Reed, 2016 IL App (1st) 140498, ¶ 8. The court also found it significant that the defendant 

had a prior criminal record, as that evidenced his familiarity with the criminal justice system and 

his right to a jury trial. Reed, 2016 IL App (1st) 140498, ¶ 8. 
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¶ 38 Here, defendant has failed to establish that his waiver was invalid. Like Reed, the record 

establishes that defendant did not object when his counsel informed the trial court that defendant 

wished to waive a jury, and at no point did defendant ask any questions or indicate that he did not 

understand his jury right or the consequences of waiving it. Additionally, defendant’s counsel 

presented a signed jury waiver, which defendant acknowledged signing. Finally, given defendant’s 

prior experience with the criminal justice system, he presumably knew of his right to a trial by jury 

and the ramifications of waiving that right. We hold that defendant knowingly and voluntarily 

waived his right to a jury trial, such that the waiver was valid. Accordingly, defendant has not met 

his burden to show that a clear or obvious error occurred. 

¶ 39 B. Public Place of Accommodation

¶ 40 Defendant next contends that the evidence was insufficient to prove him guilty beyond a 

reasonable doubt of armed violence, which was predicated on his commission of aggravated 

battery. Specifically, defendant argues that the State failed to prove the predicate felony of 

aggravated battery because the State did not establish that he committed a battery “on or about” a 

“public place of accommodation.” 

¶ 41 Where a defendant raises a challenge to the sufficiency of the evidence, “ ‘the relevant 

question is whether, after viewing the evidence in the light most favorable to the prosecution, any

rational trier of fact could have found the essential elements of the crime beyond a reasonable 

doubt.’ ” (Emphasis in original.) People v. Collins, 106 Ill. 2d 237, 261 (1985) (quoting Jackson 

v. Virginia, 443 U.S. 307, 319 (1979)). A reviewing court “will not substitute its judgment for that 

of the trier of fact on issues involving the weight of the evidence or the credibility of the witnesses.”

People v. Brown, 2013 IL 114196, ¶ 48. “A criminal conviction will not be set aside unless the 
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evidence is so improbable or unsatisfactory as to create a reasonable doubt of the defendant’s 

guilt.” People v. Siguenza-Brito, 235 Ill. 2d 213, 225 (2009). 

¶ 42 Defendant’s sufficiency-of-the-evidence argument involves an issue of statutory 

interpretation, and such issues are reviewed de novo. People v. Ward, 215 Ill. 2d 317, 324 (2005). 

“[T]he cardinal rule of statutory construction is to ascertain and give effect to the true intent of the 

legislature.” Ward, 215 Ill. 2d at 324. In doing so, the court “presum[es] the legislature did not 

intend to create absurd, inconvenient or unjust results.” People v. Christopherson, 231 Ill. 2d 449, 

454 (2008). “Accordingly, courts should consider the statute in its entirety, keeping in mind the 

subject it addresses and the legislature’s apparent objective in enacting it.” Christopherson, 231 

Ill. 2d at 454. “The best indication of legislative intent is the statutory language, given its plain and 

ordinary meaning.” Christopherson, 231 Ill. 2d at 454. 

¶ 43 Here, the State charged defendant with armed violence, which requires the State to prove 

the commission of a predicate felony. 720 ILCS 5/33A-2(c) (West 2016). The predicate felony 

alleged was aggravated battery. In relevant part, a person commits aggravated battery when, “in 

committing a battery, other than by the discharge of a firearm, he or she is or the person battered 

is on or about a public way, public property, [or] a public place of accommodation or amusement.”

720 ILCS 5/12-3.05(c) (West 2016). The State alleged that defendant committed aggravated 

battery by committing a battery “inside the Shell Gas Station, a public place of accommodation.”

Defendant argues that the State failed to prove that the battery occurred in a “public place of 

accommodation” because the offense took place in a “private back office” that was “meant for 

employees” and, therefore, “inaccessible to the public.” 

¶ 44 The aggravated battery statute does not define “public place of accommodation.” However, 

in People v. Ward, 95 Ill. App. 3d 283 (1981), this court considered the meaning of that language 
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in examining the applicability of the situs enhancement to a battery occurring inside the victim’s

car, which was situated in the parking lot of a Holiday Inn. Ward, 95 Ill. App. 3d at 285, 287-88. 

We interpreted the phrase “on or about a public way, public property or public place of 

accommodation or amusement” broadly, explaining that “the essential allegation” under that 

language “is that the battery occurred in a public area.” Ward, 95 Ill. App. 3d at 287. Thus, 

“[w]hether the property was actually publicly owned and, therefore, ‘public property’ rather than 

a privately owned ‘public place of accommodation’ is irrelevant; what is significant is that the 

alleged offense occurred in an area accessible to the public.” Ward, 95 Ill. App. 3d at 287-88; see 

also People v. Crawford, 2021 IL App (5th) 170496, ¶ 60 (“The required question for an 

aggravated battery under section 3.05(c) ‘is whether the area where the offense occurred is 

accessible to the public.’ ” (quoting Blackburn v. Johnson, 187 Ill. App. 3d 557, 564 (1989)));

People v. Brown, 2019 IL App (1st) 161204, ¶ 49 (noting that Ward “broadly construed the 

statutory language to encompass any battery committed in a public area”); People v. Murphy, 145 

Ill. App. 3d 813, 815 (1986) (“[T]he terms ‘place of public accommodation or amusement’ seem 

to apply generically to places where the public is invited to come into and partake of whatever is 

being offered therein.”). Our broad interpretation was informed by the legislative purpose behind 

the situs enhancement language. We explained that our legislature was “[o]bviously *** of the 

belief that a battery committed in an area open to the public, whether it be a public way, public 

property or public place of accommodation or amusement, constitutes a more serious threat to the 

community than a battery committed elsewhere.” Ward, 95 Ill. App. 3d at 287. 

¶ 45 Subsequent cases have embraced Ward’s rationale and its broad reading of the aggravated 

battery statute’s situs language. For example, in People v. Lee, 158 Ill. App. 3d 1032 (1987), the 

court held that the language applied to a battery occurring in a parking lot “immediately outside”
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a public place of accommodation—a gas station convenience store—in light of Ward’s 

community-harm-prevention rationale. Lee, 158 Ill. App. 3d at 1036. Finding Ward persuasive, 

the court agreed that the legislature believed that a “battery committed in an area open to the public 

constitutes a more serious threat to the community than a battery committed elsewhere.” (Emphasis 

in original.) Lee, 158 Ill. App. 3d at 1036. Interpreting the statutory language “in light of the harm 

it was directed at preventing,” the court concluded that there was “no logical or reasonable basis

*** to distinguish between the premises within the ‘public place of accommodation’ and the 

parking lot immediately outside its door.” Lee, 158 Ill. App. 3d at 1036; see also People v. 

Pergeson, 347 Ill. App. 3d 991, 994 (2004) (battery occurring “about 50 feet outside the entrance 

doors” of a mall fell under aggravated battery situs language). 

¶ 46 Defendant, on appeal, concedes that the “gas station and convenience store were accessible 

to the public.” However, he relies on People v. Johnson, 87 Ill. App. 3d 306 (1980), to assert that 

the office where the battery occurred was not a public place of accommodation, because it was 

“meant for employees” and, therefore, was “inaccessible to the public.” However, we do not find 

Johnson applicable.

¶ 47 In Johnson, the First District considered whether a tavern restroom constituted public 

property or a public place of accommodation or amusement. Johnson, 87 Ill. App. 3d at 308. The 

court held that the intent of the legislature, as expressed by the aggravated battery statute’s 

language, was not to include a tavern restroom under the situs enhancement subsection. Johnson, 

87 Ill. App. 3d at 308. The court explained that a “tavern is private property open to the public for 

a limited purpose. To include a tavern restroom within the definition of ‘public property or public 

place of accommodation or amusement’ [citation] would not comport with the legislative intent of 

the statute.” Johnson, 87 Ill. App. 3d at 308. Johnson, however, was decided prior to this court’s
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decision in Ward, which interpreted the situs language more broadly in light of the legislature’s 

intent to prevent harm to the community by enhancing any battery occurring “in an area accessible 

to the public.” Ward, 95 Ill. App. 3d at 288. Indeed, in Ward, we broadly interpreted “on or about 

a *** public place of accommodation” to encompass a battery occurring inside the victim’s vehicle, 

which was situated in a hotel parking lot. Ward, 95 Ill. App. 3d at 285, 287-88. Consequently, we 

do not find defendant’s reliance on Johnson persuasive. 

¶ 48 Here, on the facts of this case, we hold that the office was a public place of accommodation 

because it was “accessible to the public.” Ward, 95 Ill. App. 3d at 288. The office was located 

inside of a Shell gas station and convenience store. The Shell station itself was a public place of 

accommodation, where customers were invited inside to buy gas and goods in the convenience 

store. See Lee, 158 Ill. App. 3d at 1034, 1036 (gas station was public place of accommodation).

The office was situated in the same hallway that customers had to walk down to access restrooms 

that were available for customers to use. The office was directly next to the men’s restroom, and 

the door to the office was propped completely open by a kickstand during business hours. Indeed, 

the evidence established that at least one customer accessed the office. Rooker testified that, after 

finding no one to help him complete his purchase, he went to the office and discovered Edmonds 

inside, and surveillance footage established that Rooker entered the office. 

¶ 49 We further note that our holding comports with the legislative intent behind the situs 

enhancement language. Adopting defendant’s position that the battery did not occur on or about a 

public place of accommodation because it occurred in an office “meant for employees” undercuts 

the legislature’s aim to protect the community from batteries occurring in areas open and accessible 

to the public. Under defendant’s interpretation, a battery occurring immediately in front of the 

Shell gas station’s register counter would implicate the situs enhancement, but a battery occurring 
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immediately behind that same counter would not, simply because it is not an area “meant” for 

customers, and despite the similar threat to the community that both batteries would pose. See Lee, 

158 Ill. App. 3d at 1036 (given the legislative intent to protect community from batteries occurring 

in public, there was no reasonable basis for distinguishing between premises within the public 

place of accommodation and a parking lot “immediately outside its door”); Christopherson, 231 

Ill. 2d at 454 (we presume the legislature did not intend to create absurd, inconvenient, or unjust 

results). The risk of harm to the community is evident here, where the battery occurred in an office

located inside of a business establishment open to the public, next to restrooms available for 

customers to use, and with its door propped completely open during business hours. 

¶ 50 Because the office was “an area accessible to the public,” we determine that the State 

presented sufficient evidence to prove that defendant committed a battery on or about a public 

place of accommodation.

¶ 51 C. Excessive Sentence

¶ 52 Finally, defendant argues that the trial court abused its discretion in sentencing him to an 

aggregate 80-year term of imprisonment. Defendant contends that the sentence was excessive 

because this was his first “significant offense” and because Edmonds suffered only non-lifethreatening injuries. This argument is meritless.

¶ 53 The trial court’s sentencing decision is entitled to great deference. People v. Alexander, 

239 Ill. 2d 205, 212 (2010). When a sentence imposed is within the statutory limits for the offense, 

it will not be disturbed absent an abuse of discretion. People v. Garibay, 366 Ill. App. 3d 1103, 

1108 (2006). A sentence is an abuse of discretion where it is “ ‘greatly at variance with the spirit 

and purpose of the law, or manifestly disproportionate to the nature of the offense.’ ” Alexander, 

239 Ill. 2d at 212 (quoting People v. Stacey, 193 Ill. 2d 203, 210 (2000)). In determining the 
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appropriate sentence to impose, a trial court may consider the nature of the crime, the protection 

of the public, deterrence, and punishment, as well as the defendant’s rehabilitative prospects and 

youth. Garibay, 366 Ill. App. 3d at 1109. The weight to be attributed to each factor in aggravation 

and mitigation depends upon the circumstances of each case. Garibay, 366 Ill. App. 3d at 1109. 

The trial court need not specifically identify and assign a value to each mitigating factor, and the 

existence of a mitigating factor does not obligate the trial court to impose the minimum sentence.

People v. Adamcyk, 259 Ill. App. 3d 670, 680 (1994). Instead, we presume that the sentencing 

court considered the mitigating evidence, absent some indication to the contrary. People v. Allen, 

344 Ill. App. 3d 949, 959 (2003). Moreover, we must not substitute our judgment for that of the 

trial court merely because we would have weighed the mitigating factors differently. Alexander, 

239 Ill. 2d at 213. 

¶ 54 Defendant was convicted of attempted first-degree murder, a Class X felony punishable by 

a sentence of 6 to 30 years. 730 ILCS 5/5-4.5-25(a) (West 2016). Because the court found that 

defendant personally discharged a firearm that proximately caused the victim great bodily harm, 

it was required to impose a firearm enhancement of imprisonment for an additional 25 years to 

life. 720 ILCS 5/8-4(c)(1)(D) (West 2016). Defendant was also convicted of armed robbery, which 

carried a sentence of 6 to 30 years of imprisonment. 730 ILCS 5/5-4.5-25(a) (West 2016). Because

the trial court found that defendant personally discharged a firearm that proximately caused the 

victim great bodily harm, this charge was also subject to a firearm enhancement of imprisonment 

for an additional 25 years to life. 720 ILCS 5/18-2(a)(4), (b) (West 2016). Additionally, defendant

was convicted of armed violence, which carries a sentence of imprisonment for 25 years to 40 

years. 720 ILCS 5/33A-3(b-10) (West 2016). Finally, defendant was convicted of unlawful 

possession or use of a firearm by a felon, a Class 3 felony carrying a sentence of 2 to 10 years. 720 
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ILCS 5/24-1.1(e) (West 2016). Because the court found that defendant’s conduct caused severe 

bodily injury, the sentence for attempted first-degree murder was required to be served 

consecutively to the other sentences. 730 ILCS 5/5-8-4(d)(1) (West 2016). 

¶ 55 The trial court ultimately sentenced defendant to 45 years of imprisonment for attempted

first-degree murder, with that sentence running consecutively to concurrent prison terms of 35 

years for armed violence, 33 years for armed robbery, and 5 years for unlawful possession or use 

of a weapon by a felon, for a cumulative term of 80 years of imprisonment. Each of these sentences 

was within the statutory limits for the offenses. 

¶ 56 Defendant’s argument that the trial court should have sentenced him to the minimum total 

sentence he could have received—62 years—because this was his first “significant offense” and 

because Edmonds suffered only non-life-threatening injuries is unavailing. Defendant’s counsel

argued these mitigating factors during sentencing. Counsel claimed that defendant’s conduct was 

the result of circumstances unlikely to recur, because defendant acted under a strong provocation 

after finding out that Edmonds married someone else. Counsel further claimed that, after 

defendant’s 2000 felony conviction of unlawful possession of a controlled substance, defendant 

“led a law-abiding life for a substantial period of time.” Counsel also noted that the bullet did not 

penetrate Edmonds’s skull and it was removed with relative ease. The trial court considered these 

arguments and determined that, while defendant’s conduct was the result of circumstances unlikely 

to recur, and while defendant did not have a lengthy criminal history, his conduct was 

“reprehensible” and “one of the most violent attacks [the court had] ever seen.” The trial court 

noted that defendant had time to contemplate his actions during the drive from East Chicago, 

Indiana, to Sugar Grove but that he nevertheless carried out the attack. The court further explained 

that Edmonds “did not walk away from this” and “should be dead,” considering that she “had a 
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bullet literally enter her head.” Defendant, in effect, argues that the trial court should have weighed 

differently the mitigating factors he presented. But the trial court considered these mitigating 

factors and gave more weight to the severity of the crime and the need to deter others from 

committing similar acts. This was proper. People v. Charles, 2018 IL App (1st) 153625, ¶ 47 (“The 

most important sentencing factor is the seriousness of the offense, and the court need not give 

greater weight to rehabilitation or mitigating factors than to the severity of the offense.”). We see 

no abuse of discretion in the trial court’s assessment of the propersentence to impose. Accordingly, 

we will not disturb the trial court’s imposition of an aggregate 80-year sentence. 

¶ 57 III. CONCLUSION

¶ 58 For the reasons stated, we affirm the judgment of the circuit court of Kane County. 

¶ 59 Affirmed. 
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No. 2-20-0098

Cite as: People v. Foster, 2022 IL App (2d) 200098 

Decision Under Review: Appeal from the Circuit Court of Kane County, No. 17-CF2358; the Hon. Donald Tegeler Jr., Judge, presiding. 

Attorneys

for

Appellant:

James E. Chadd, Douglas R. Hoff, Jean Park, and Miriam Sierig, 

of State Appellate Defender’s Office, of Chicago, for appellant.

Attorneys

for

Appellee:

Jamie L. Mosser, State’s Attorney, of St. Charles (Patrick 

Delfino, Edward R. Psenicka, and Victoria E. Jozef, of State’s 

Attorneys Appellate Prosecutor’s Office, of counsel), for the 

People.