Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after bench trial, of attempted first degree murder. Evidence does not support Defendant's claim that his counsel was ineffective for failing to argue serious provocation, as manner in which Defendant retaliated (shooting victim several times) from single punch to the jaw was completely out of proportion to victim's conduct. Firearm enhancement provisions for attempted first degree murder does not violate constitutional principle of proportionate penalties. (EPSTEIN and HOWSE, concurring.)