People v. Cowart

Defendant was convicted, after jury trial, of first-degree murder under theory of accountability; and after simultaneous bench trial outside presence of jury, was also convicted of being armed habitual criminal. State failed to prove beyond a reasonable doubt that there was a common criminal design between Defendant and the victim's killer, to establish Defendant's intent to promote or facilitate the crime. Thus, evidence was insufficient to convict Defendant of murder under accountability theory. Because Defendant's prior conviction for AUUW (aggravated unlawful use of a weapon) was based on statute found unconstitutional and void ab initio in People v. Aguilar case, it cannot stand as predicate offense for Defendant's armed habitual criminal conviction. (DELORT and CONNORS, concurring.)