(Court opinion corrected 8/11/17.) Defendant was convicted, after jury trial, of 1st-degree murder under theory of accountability. After simultaneous bench trial outside presence of jury, defendant was also convicted of being an armed habitual criminal (AHC). State failed to establish that there existed a common criminal design between Defendant and the numerous armed partygoers who participated in shooting melee that ended in one death. Evidence was insufficient to prove that the unidentified shooter was a member of Defendant's alleged criminal design. Thus, 1st-degree murder conviction reversed. At time of Defendant's AHC conviction, he had 2 convictions for qualifying predicate offenses, which had not been vacated at time of his arrest and could thus serve as predicate convictions for his AHC conviction. (CONNORS and DELORT, concurring.)
Illinois Appellate Court
Criminal Court
Murder