People v. Space

Illinois Appellate Court
Criminal Court
Felony Murder
Citation
Case Number: 
2018 IL App (1st) 150922
Decision Date: 
Friday, May 4, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div,
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
ROCHFORD

Defendant was convicted, after jury trial, of 1st degree murder while attempting or committing a forcible felony other than 2nd degree murder. Defendant's felony murder conviction is reversed, as State failed to prove both that asserted predicate forcible felony of aggravated battery with a firearm had an independent felonious purpose, and proximately resulted in victim's death.  (REYES and LAMPKIN, concurring.)