People v. Quevedo 

Illinois Appellate Court
Criminal Court
Sentencing
Motions to Suppress
Citation
Case Number: 
No. 2-08-0569
Decision Date: 
Friday, July 16, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
BURKE
Defendant was convicted of first-degree murder of his infant son; State alleged that infant died because Defendant shook him to death. Defendant did not make unequivocal, unambiguous request for counsel; thus, police detectives were free to question him and to obtain exculpatory statements from him. Requisite intent for first-degree murder is to either know that his acts create a strong probability of or to know that his acts create a strong probability of great bodily harm; it is not required that Defendant knew of probability of both death and great bodily harm. Proper to remand for sentencing to allow parties to present evidence, as sentencing hearing which occurred was perfunctory. (McLAREN and HUTCHINSON, concurring.)