Illinois Appellate Court
Criminal Court
Murder
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.)