People v. Getter

Defendant was charged with first-degree murder as to one victim, attempted murder and aggravated battery with a firearm as to another victim, and aggravated discharge of a firearm as to another victim. At trial, Defendant relied exclusively on self-defense theory. As to the first three charges, jury was instructed that State was required to prove beyond a reasonable doubt that Defendant was not justified in using force to defend himself; Defendant was acquitted on those charges. Jury was not so instructed as to fourth charge, and he was convicted of that charge. Plain error in failing to give self-defense instruction on aggravated discharge count, and defense counsel was ineffective for acquiescing in erroneous instructions. (FITZGERALD SMITH and EPSTEIN, concurring.)