Defendant, a minor at time of offenses, was convicted, after jury trial, of 1st degree murder, armed robbery, and attempted armed robbery. Court allowed State to introduce a photo of Defendant, taken 2 months prior to the offenses, showing him holding a gun next to a codefendant contorting his hands in what codefendant's counsel described as a gang sign. Photo was irrelevant as State provided no link between photo and the charged offenses, but error was harmless. State introduced photo through 1 witness and never mentioned it again, and evidence against Defendant was strong enough to override any possible effect it may have had on the jury. Aggregate sentence of 45 years was not a de facto life sentence Even adding on the consecutive sentences for which he may receive good time credit, sentence is less than 40 years. (PIERCE and COGHLAN, concurring.)
Illinois Appellate Court
Criminal Court
Evidence