Defendant was convicted, after jury trial, of 1st degree murder, and of personally discharging firearm that caused a person's death, and was sentenced to total 90 years. Court properly refused to instruct jury on 2nd-degree murder, as there was no evidence of serious provocation to support Defendant's theory of mutual combat. Trial counsel's decision to open the door to prior crimes evidence (credit card fraud) did not prejudice Defendant, where State presented overwhelming evidence that Defendant shot 2 persons who were unarmed, including his own testimony admitting he shot them. Thus, Defendant suffered no prejudice, and thus no ineffective assistance of counsel. Any weight that court placed on fact that Defendant's conduct caused ultimate harm was insignificant, and did not result in a greater sentence.(HALL and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Murder