delivered the judgment of the court, with opinion.
Presiding Justice Hall and Justice Hoffman concurred in the judgment and opinion.
OPINION
Following a bench trial, defendant Alex Rutledge was found guilty of aggravated battery of a police officer and sentenced, based on his criminаl background, to a Class X term of 10 years’ imprisonment. On appeal defendant contends that (1) he was denied a fair trial because the State introduced excessive and unnecessary “other crimes” evidenсe; and (2) he was improperly ordered to serve the three-year period of mandatory supervised release (MSR) associated with a Class X felony rather than the two-year period associated with thе Class 2 offense of which he was convicted. We affirm.
According to the State’s theory of the case, the aggravated battery that formed the basis for defendant’s conviction arose from and was a continuаtion of an incident that developed between defendant and Keisha Atas when she rejected defendant’s sexual advances while parked in an alley. The State contends that defendant battered Joseph Smith, an off-duty police officer, when Atas sought refuge in Smith’s garage and Smith stepped between defendant and Atas. Defendant contends that, whatever transpired between him and Atas, no presentation of thosе facts was necessary to explain an unrelated battery of Smith.
At trial, Keisha Atas testified that she and defendant were present at a “get together” at her cousin’s house. Atas had known defendant for more than 10 years. At the get together, she and defendant drank vodka and played cards, then left together in her cousin’s car at approximately 3 a.m. Defendant was driving and they were accompanied by two other guests from the party. Defendant dropped off the other guests and asked Atas if she would like to “hang out” and get another drink. She agreed and defendant bought a bottle of vodka, which they consumed in the parked car.
Atas furthеr testified that defendant commented that she was acting like she was “too good.” Atas ignored the comment, but defendant began striking her in the face. Atas asked defendant to take her home. Instead, defendant pаrked in an alley. Atas told defendant that she needed to use the bathroom. Defendant let her out of the car to urinate and began to urinate in the alley himself. Defendant told Atas that “when you get back in, you better be ready to give me some pussy.” Atas saw a garage door open and saw a man (Smith) standing near the alley. She ran toward Smith and into his garage.
Atas testified that as she passed Smith she noticed a badge on his belt. Defеndant followed and was trying to get Atas to leave the garage. Smith told defendant that he was a police officer and asked defendant to leave. Defendant stated that he knew Smith was a police offiсer because he had seen him in the neighborhood. Smith told a woman to call 911 and bring him his handcuffs. Defendant continued to try to enter the garage and became more aggressive. Smith placed one handcuff on defendant, and then defendant swung at Smith, striking him in the face. They struggled until another man came from the alley and helped restrain defendant.
Joseph Smith testified that he is a Chicago police officer assigned to the marine unit. On the morning in question, he went to his garage and opened the door, planning to smoke a cigarette in the alley. He was wearing blue uniform pants, a tee-shirt with the words “Chicago Police Marine Unit” and a badge clipped to his belt. He saw Atas get out of a car in the alley with her pants down around her legs and run toward his garage. Atas was crying and bleeding, she had bruises, and some of her hair had been pulled out. She ran into his garage. Dеfendant followed.
Smith testified that he was trying to “decipher” what was happening. Atas asked him to take her home. He said he could not, but offered to call the police. He asked defendant why Atas was bleeding аnd defendant said that she struck her head. Smith told defendant that Atas did not want to go with him and asked him to leave. Smith called 911 and told defendant that he was a police officer. Defendant said that he knew Smith was a police officer. Smith told defendant that he had called the police and suggested that defendant “bounce,” i.e., leave the area. Smith then used his cell phone to call his fiance, who was also a poliсe officer. He asked her to bring his weapon and handcuffs to the garage.
Smith further testified that when defendant continued to refuse to leave, he decided to place him under arrest. Smith placed a handсuff on defendant’s left wrist. Defendant swung at Smith with his right hand and struck him in the face, causing a bruise. A neighbor attempted to help secure defendant. He was unable to do so, but a second neighbor joined them and the three men werе able to place the handcuffs on defendant. After Smith placed defendant in the handcuffs, a squad car arrived and another officer took defendant into custody.
Robert Franklin testified that he is Smith’s neighbor. He desсribed assisting in defendant’s arrest and generally corroborated Smith’s account of his fight with defendant.
Officer Grubbs 1 also testified. When he arrived on the scene defendant was in handcuffs. He observed swelling and bleeding on Smith’s cheek.
The Stаte rested and defendant moved for a directed finding. The trial court denied the motion.
Defendant testified that he was in the alley that morning and got into an “altercation” with Atas. He testified that he and Atas hit each other. Smith approached him and told him he was being disrespectful. Smith displayed his weapon “acting like he was Denzel Washington.” Defendant testified that he had experienced problems with Smith in the past and was not in the moоd for his “bull crap.” Defendant denied striking Smith or committing any other offense before he was arrested.
The defense rested, and the trial court found defendant guilty of aggravated battery. The trial court subsequently found defendant eligible for Class X sentencing and sentenced him to 10 years’ imprisonment followed by a 3-year period of MSR. Defendant appealed.
Defendant first contends that the improper admission of other crimes evidеnce deprived him of the right to a fair trial. Although acknowledging that his trial attorney failed to preserve this error by objecting at the trial level, defendant argues alternatively that this error constitutes plain error оr that the failure to object deprived him of the effective assistance of counsel. Before addressing either prong of defendant’s argument, we must first consider whether any error occurred. See Peoрle v. Piatkowski,
Evidence of other offenses is admissible if it is relevant for any purpose other than to show propensity to commit crime. People v. Bedоya,
Here, we find that evidence of defendant’s conduct in the car was an integral and natural part of Atas’s description of the circumstances surrounding defendant’s aggravated battery of Officer Smith. Defendant arguеs that it was possible to present testimony about his confrontation with Smith without mentioning what happened in the car between defendant and Atas. This is not the standard; it is not all prejudicial evidence that must be excluded but, rather, only that which is unfairly prejudicial. See Nunley,
Defendant nеxt contends that although he was sentenced as a Class X offender, he should not be subject to a three-year period of MSR but, rather, should be subject to the two-year period of MSR associated with the underlying Class 2 offense. Defendant concedes that this issue has been decided against him in People v. Anderson,
Cases that have considered the issue in light of Pullen have, nevertheless, also gone against defendant’s position. See People v. Lee,
Defendаnt “acknowledges” McKinney and Lee, but argues that they were wrongly decided. We, however, see no reason to depart from these well-reasoned decisions. Accordingly, we hold that defendant was properly ordered to serve three years of MSR.
For the foregoing reasons, the judgment of the circuit court of Cook County is affirmed.
Affirmed.
