However, in light of Dr. Jackson's consistent testimony that he could not recall the examination, we see no error. The manner in which refreshing recollection takes place is within the sound discretion of the trial court. People v. Lavas, 113 Ill. App.3d 196, 201, 446 N.E.2d 1188 (1983). Such an decision will not be disturbed on appeal absent an abuse of discretion. Lavas, 113 Ill. App.3d at 196.
Under these circumstances, we find that appellate counsel could reasonably conclude there was too great a risk the state appellate court would find the exclusion of this impeachment evidence harmless. Cf. People v. Lavas, 113 Ill.App.3d 196, 68 Ill.Dec. 791, 446 N.E.2d 1188, 1193 (1983) (noting that testimony about a prosecution witness's “general reputation for veracity would not significantly alter the jury's impression of his testimony”). This issue was not clearly stronger than the issues raised on appeal.
The only issue is whether the verdict of guilt is supported by the evidence and neither legal nor logical consistency is required in assessing guilty and not guilty verdicts. ( People v. Lavas (1983), 113 Ill. App.3d 196, 198.) We conclude that the form on which the guilty verdict was returned does not rise to the level of plain error under all the circumstances so as to justify an exception to the rule of waiver.
The reviewing court held that any error in reading the withdrawn instruction to the jury was cured by sending correct written instructions to the jury room. Lewis was subsequently relied upon in People v. Lavas (1983), 113 Ill. App.3d 196, 446 N.E.2d 1188, and People v. Gomez (1980), 80 Ill. App.3d 708, 399 N.E.2d 1368, wherein the respective courts held that any error in orally instructing the jury was cured by the fact that correct written instructions were sent to the jury room. The State asserts that, in the instant case, the record shows that correct written instructions were submitted to the jury, pointing to copies of the instructions marked "given" and contained in the common law record.