People v. English

Illinois Appellate Court
Criminal Court
Res Judicata
Citation
Case Number: 
No. 3-10-0764
Decision Date: 
Monday, June 27, 2011
District: 
3d Dist.
Division/County: 
Henry Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT
Defendant was convicted, after jury trial, of felony murder and aggravated battery of a child, and sentenced to natural life. Court refused to instruct jury on involuntary manslaughter. Defendant could have, on direct appeal, raised issue of whether his conviction for aggravated battery of a child properly served as the predicate forcible felony to support his felony murder conviction, but he did not, and thus consideration of issue is barred by res judicata. Felony murder predicated on aggravated battery is a valid and existing crime in Illinois. (CARTER and WRIGHT, concurring.)