People v. Temple

Defendant was convicted, after jury trial, of first degree murder, attempted first degree murder, and aggravated battery with a firearm. State's conspiracy argument in rebuttal was a proper response invited by defense counsel's characterization of evidence in closing, attacking credibility of State witnesses. State's comments were permissible arguments that jury would have to believe that State's witnesses were lying to believe defense counsel's version of events. Identifications of Defendant as shooter by two witnesses, less than 30 hours after shooting, were sufficiently reliable to convict. Conviction for aggravated battery with a firearm must be vacated, as it is a lesser included offense of attempted first degree murder, under one-act, one-crime doctrine. (GORDON and PALMER, concurring.)