Defendant was convicted, after jury trial, of aggravated battery and aggravated fleeing and eluding. During deliberations, jury sent a note asking "Does 'knowingly discharged a firearm' mean he intended to discharge the gun on purpose or he knew a gun was discharged?" Court and parties decided not to give jury instruction IPI 5.01B, and court responded to jury by saying that "I am not giving you further instructions on this issue. The instructions you received are sufficient." Defendant was prejudiced by his counsel's ineffective representation in agreeing with court's incorrect response to the jury's question and in failing to offer IPI 5.01B which defined "knowingly". Reversed and remanded for a new trial. (ZENOFF and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
Jury Deliberations