Defendant was convicted, after jury trial, of 1st-degree murder. In a special interrogatory, jury found that it had not been proven that Defendant discharged a firearm during commission of the offense. Court did not err in instructing jury, in response to jury question, that State did not have to prove motive. Defendant was not deprived of right to appear and participate where both he and his counsel were present when jury asked its question and remained silent while court answered. Jury's finding on special interrogatory does not necessitate vacatur of his murder conviction, as State was not required to prove that Defendant personally discharged a firearm causing death of victim to obtain 1st-degree murder conviction. Jury was not implicitly instructed on a theory of accountability. No abuse of discretion in court refusing to tender Defendant's "mere presence" instruction. (CONNORS and SIMON, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions