People v. Carey

Illinois Appellate Court
Criminal Court
Indictment
Citation
Case Number: 
2016 IL App (1st) 131944
Decision Date: 
Monday, August 22, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
CUNNINGHAM

Defendant was convicted, after jury trial, of first degree felony murder while armed with a firearm. Charging instruments upon which Defendant was convicted of first degree felony murder was deficient in its failure to specify which of Illinois' 2 attempted armed robbery offenses State sought to prove as predicate offense. Indictment does not provide statutory citation to relevant provision, and does not include any specific detail or other indication of which offense State sought to prove at trial. Thus, indictment was defective in its failure to adequately inform Defendant of charges against him with sufficient detail to prepare adequate defense.(CONNORS and HARRIS, concurring.)