Illinois Appellate Court
Criminal Court
Jury Instructions
Defendant was convicted, after jury trial, of 1st degree murder of his girlfriend. Court properly refused to instruct jury on 2nd degree murder based on serious provocation. Defendant's own testimony failed to support the anticipated defense. Counsel was not ineffective for telling jury, in opening statement, that 2nd degree murder would be an option for them at end of trial, as Defendant himself, by his testimony, foreclosed that option. (REYES and MARTIN, concurring.)