People v. Green

Defendant was convicted, after jury trial, of aggravated battery with a firearm and unlawful use of a weapon by a felon, after shooting, with a gun concealed in his front pants pocket, a man who refused to shake hands with him outside a bar. Court properly refused to instruct jury on lesser-included offense of reckless conduct, as evidence does not support that theory; Defendant shot at man twice through his pants pocket, and only afterward, during a struggle, was man shot when gun fired a third time. Remanded to correct fines, fees, and costs, and to correct mittimus to reflect a single conviction in accordance with court's merger order. (LIU and CUNNINGHAM, concurring.)