Defendant was convicted, after jury trial, of 2nd degree murder, and was sentenced to 18 years. State's decision to charge Defendant with 1st degree murder in amended information (5 months after charging him with 2nd degree murder) did not implicate the compulsory joinder doctrine. Court requiring Defendant to, before asking specific questions of State's witnesses on causation in cross-examination, to first make proffer to show factual basis for questioning, did not create substantial danger of prejudice. Court properly exercised its discretion by limiting cumulative evidence and limiting amount of corroborating testimony on a given issue. Defendant was not entitled to a new preliminary hearing on newly filed 1st degree murder charge, as limited function of preliminary hearing is determination of whether Defendant should be held to bail. Remanded for clerk to apply Defendant's sentencing credit to his juvenile records assessment.(HOLDER WHITE and APPLETON, concurring.)
Illinois Appellate Court
Criminal Court
Evidence