Defendant was convicted, after jury trial, of 1st degree murder. As trial court had provided relevant IPIs, court did not abuse its discretion b y determining that any additional "clarification" could confuse or sway jurors, as court explicitly acknowledged its obligation to answer jury questions. Even if defense counsel was deficient in reaction to juror note, no indication that Defendant was prejudiced. Court granted State's Rule 329 Motion to Correct Record to reflect that one juror did not answer "no" but "yes" when polled for verdict. Evidence at Rule 329 hearing, including testimony of court reporter and ASA and detailed recollection of trial judge, was sufficient, and court's granting of Rule 219 Motion was not error. (GORDON and LAMPKIN, concurring.)
Illinois Appellate Court
Criminal Court
Jury