Defendant was convicted, after jury trial, of 1st degree murder of his girlfriend's 17-month-old child, for which he originally received mandatory natural life sentence. Defendant pursued claims through Post-Conviction Hearing Act; court granted new sentencing hearing, at which time Defendant received 60 years imprisonment. Defendant failed to show that he was prejudiced by State's nondisclosure of recording of conversation between him and his girlfriend. No evidence that Defendant's having been on psychotropic medication at time of trial affected his fitness for trial. Totality of evidence presented indicated Defendant took an intentional all-or-nothing approach, so no ineffective assistance of counsel in not offering the lesser-included offense jury instructions. (O'BRIEN and WRIGHT, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions