People v. Guajardo

In People v. Guajardo, 262 Ill. App. 3d 747, 636 N.E.2d 863, 201 Ill. Dec. 431 (1994), the trial judge failed to tender a written jury instruction in accordance with section 115--10(c), but it read such an instruction to the jury in open court and tendered to the jury a general witness credibility instruction that mirrors the general instruction given in this case. Guajardo, 262 Ill. App. 3d at 762. The court in Guajardo said that, "[h]ad the [general] instruction been the only one given, [the failure to tender a section 115--10(c) instruction] would have constituted plain error." Guajardo, 262 Ill. App. 3d at 762. However, because the trial judge in Guajardo also gave an oral instruction tracking the statute, the court held that the failure to tender a written instruction was harmless. Guajardo, 262 Ill. App. 3d at 762.