Defendant was convicted, after jury trial, of delivery of a controlled substance at a truck stop and delivery of a controlled substance. Defense counsel's performance was not objectively unreasonable due to his counsel's failure to request an informant instruction, as Illinois law neither encourages nor requires it. Court would not have abused its discretion by refusing to tender proposed informant instruction. State did not commit prosecutorial misconduct in its direct examination of paid informant, as to her prior drug addiction and sobriety, as it was a probable basis for impeachment. State did not commit prosecutorial misconduct in closing argument as to remarks about informant's prior addiction; prosecutor did not personally vouch for informant's credibility, and were a response to defense counsel's remarks about her credibility. Court properly refused entrapment instruction, as Defendant failed to admit to each element to offenses of delivery (by accountability). (APPLETON and KNECHT, concurring.)
Illinois Appellate Court
Criminal Court
Delivery of a Controlled Substance