People v. Barnett

Illinois Appellate Court
Criminal Court
Verdicts
Citation
Case Number: 
No. 3-09-0721
Decision Date: 
Monday, June 27, 2011
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed and remanded with directions.
Justice: 
WRIGHT
(Court opinion corrected 7/27/11.) Jury signed one verdict form finding Defendant "guilty of armed robbery", but as instructed by trial court signed an additional form specially finding that State failed to prove beyond a reasonable doubt that Defendant was armed with a firearm during commission of the armed robbery. The jury's special finding constituted an acquittal of the only charged violation of the armed robbery statute. Thus, Defendant's conviction for armed robbery cannot be upheld or reduced to a lesser included offense under the circumstances. (McDADE and O'BRIEN, concurring.)