Defendant was convicted for home invasion (of 93-year-old victim) and attempted 1st degree murder in separate trials. Evidence of Defendant's commission of home invasion had significant probative value, and showed a clear motive for Defendant to attempt to murder his accomplice, out of fear that he would implicate him. Defendant chose to proceed with a bench trial before the same judge, and did not move for substitution of judge. Evidence of his guilt of attempted murder was overwhelming. Probative value of evidence of home invasion was not substantially outweighed by risk of unfair prejudice, and court did not err in admitting evidence of it in trial for attempted murder. Section of Criminal Code that has sentence enhancement for discharge of firearm in attempted 1st degree murder is not unconstitutionally vague. Sentencing enhancement of natural life in prison is not excessive given grievous nature of shooting victim's injuries. (LYTTON, concurring; McDADE, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Home Invasion