People v. Harris

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 110309
Decision Date: 
November 6, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
NEVILLE
Holding: 
Affirmed.
Defendant was convicted, after bench trial, of 2008 attempted murder. Defendant elected to be sentenced under version of attempt statute that went into effect 1/1/10, allowing court to impose Class 1 sentence rather than mandated Class X sentence upon finding of sudden and intense passion resulting from serious provocation. Act of brandishing a deadly weapon, by itself, is not sufficient to constitute serious provocation.(HYMAN and MASON, concurring.)