Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant was convicted by jury, on a general verdict form (instead of 6 separate verdict forms as Defendant had requested) of 1st degree murder and armed robbery and sentenced to consecutive terms of 60 and 30 years. Court denied Defendant's motion for leave to file a 2nd successive postconviction petition. Although the general guilty verdict entered against Defendant is viewed as an acquittal of intentional and knowing murder, Defendant has failed to establish "actual innocence." Acquittal alone is insufficient to prove actual innocent. For Defendant to invoke the "actual innocence" exception, he must show that he is factually innocent of knowing and intentional murder. (McDADE and SCHMIDT, concurring.)