People v. Eggemeyer

── People v. Eggemeyer ── Court: Appellate Court of Illinois Date: May 11, 2026 Category: General NOTICE 2026 IL App (5th) 241290-U NOTICE Decision filed 05/11/26. The This order was filed under text of this decision may be NO. 5-24-1290 Supreme Court Rule 23 and is changed or corrected prior to the filing of a Petition for not precedent except in the Rehearing or the disposition of IN THE limited circumstances allowed the same. under Rule 23(e)(1). APPELLATE COURT OF ILLINOIS FIFTH DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Perry County. ) v. ) No. 23-CF-138 ) TYLER E. EGGEMEYER, ) Honorable ) James W. Campanella, Defendant-Appellant. ) Judge, presiding. ______________________________________________________________________________ JUSTICE McHANEY delivered the judgment of the court. Justices Sholar and Bollinger concurred in the judgment. ORDER ¶1 Held: Where the evidence was sufficient to prove great bodily harm beyond a reasonable doubt, counsel was not ineffective for failing to request a lesser-included instruction, and the trial court’s random comment before a witness testified did not constitute plain error, the defendant’s convictions for aggravated battery and criminal trespass are affirmed. ¶2 I. BACKGROUND ¶3 On December 27, 2023, the defendant, Tyler A. Eggemeyer, was charged by indictment with aggravated battery resulting in great bodily harm (720 ILCS 5/12-3.05(a)(1)) (West 2022), criminal trespass to a residence (id. § 19-4(a)(2)), and aggravated battery to a pregnant person (id. § 12-3.05(d)(2)). On, January 9, 2024, a superseding indictment was filed. A jury trial commenced on March 12, 2024. 1 ¶4 Shelbi Green (Shelbi), the defendant’s former paramour, was called to testify. As Shelbi began her testimony by spelling her name, the trial court said, “Shelbi, you are mad at your boyfriend so speak up. Let’s just say that. Okay. Thank you.” The evidence at trial established that, at approximately 5:45 a.m. on December 23, 2023, several individuals were present at the residence of Steve (Steve) and Jean (Jean) Allison in DuQuoin, Illinois, including Shelbi, her and the defendant’s three children, Deseriae Ford (Deseriae), and other household members. Shelbi and the defendant share custody of their three children, and Shelbi had asked him to pick them up early that morning so she and Desirae could leave for work. ¶5 Shelbi called the defendant when he failed to arrive to pick up the children, and Deseriae woke Steve to ask for a ride to work. As Steve was getting dressed, he heard his name being called and went toward the back door, where he observed the defendant inside the residence. Shelbi testified that she did not feel “like [her] kids were safe to go with him” based on the defendant slurring his words, not walking straight, and smelling like alcohol. Steve had not previously m