Defendant was convicted, after jury trial, of unlawful delivery of a controlled substance. Court was not required to admonish Defendant of the risks associated with admitting he delivered heroin as soon as that strategy became clear to the court. A trial court need only inquire into defense counsel's advice as to potential penalties associated with a lesser-included offense if defense counsel actually tenders the lesser-included offense instruction. Court should not interfere with what might be a defense strategy and need not give generalized admonishments to the defendant. Court was not required to ensure that Defendant agreed with decision not to object to State's tender of instruction. Defendant failed to show that 12-year sentence is manifestly disproportionate to nature or offense or that it is greatly at variance with spirit or purpose of law.(McDADE and WRIGHT, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions