Defendant was convicted, after jury trial, of attempted 1st degree murder and sentenced to 40 years. Although there was no direct physical evidence presented against Defendant, victim and one other person made eyewitness identification of Defendant as the shooter, and it was not so unreliable that reasonable doubt exists as to Defendant's guilt. Prosecutor's remarks during rebuttal, that more witnesses did not testify because they were afraid of Defendant, were not improper because they were made in response to defense counsel's closing argument and were supported by evidence. No abuse of discretion in sentence, given seriousness of offense; court considered Defendant's age (21) and his rehabilitative potential.(PUCINSKI and HYMAN, concurring.)
Illinois Appellate Court
Criminal Court
Murder