People v. Bowens, 407 Ill. App. 3d 1094

Bowens stabbed Butler 23 times; trial defense focused on lack of intent to kill.
Defendant was convicted of attempt, aggravated domestic battery, and aggravated battery; sentenced to 24 years.
Defendant appealed asserting multiple trial errors and sentencing issues.
Court addressed waiver, Rule 431(b) compliance, impeachment, evidence, witness seating, closing argument, and sentence enhancement.
Majority affirmed conviction and sentence; dissent would remand for new trial due to appearance of impropriety from judge’s spouse on jury.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of challenge to juror due to judge’s husband	Bownes claims error in juror Bauknecht for cause.	Failure to strike juror for cause violated due process.	Waived; defendant acquiesced to Bauknecht’s service.
Rule 431(b) compliance	Rule 431(b) admonitions were not properly followed.	Rule 431(b) violated, or plain error.	No error; substantial compliance; no plain error.
Impeachment with Butler’s prior felony conviction	Impeachment of Butler would show credibility.	Should have been allowed; constitutional confrontation right.	Harmless beyond reasonable doubt given overwhelming evidence.
Admission of knife unconnected to defendant	Knife from elsewhere probative of intent.	Evidence should have been excluded; plain error.	Not plain error; exclusion not required.
Sentence increase from 20 to 24 years	Court could consider state’s sentencing recommendation; no improper increase.	Court lacked authority to increase after initial imposition; trial-right factor used improperly.	Sentence proper; misstatement corrected; no improper aggravation.

People v. Phipps, 238 Ill. 2d 54 (2010) (waiver and forfeiture concepts in appellate review)
People v. Hill, 353 Ill. App. 3d 961 (2004) (acquiescence to errors can bar review)
Magee v. People, 374 Ill. App. 3d 1024 (2007) (imposition of sentence and appellate review on appeal)
Thompson, 238 Ill. 2d 598 (2010) (Rule 431(b) interpretation and de novo review)