People v. Bush

Illinois Appellate Court
Criminal Court
Inconsistent Verdicts
Citation
Case Number: 
2022 IL App (3d) 190283
Decision Date: 
Wednesday, May 18, 2022
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed in part, reversed in part, vacated in part; remanded.
Justice: 
DAUGHERITY

Defendant was found guilty of multiple felony offenses, including first-degree murder, aggravated battery with a firearm, and unlawful possession of a weapon by a felon, and sentenced to consecutive terms of 65 years, 15 years, and 7 years, respectively. Defendant appealed arguing he was not found guilty beyond a reasonable doubt of felony murder, the jury verdicts were legally inconsistent, cumulative error, and his sentences were excessive. The appellate court agreed that the sentences were inconsistent and affirmed his convictions and sentences for felony murder and unlawful possession of a weapon by a felon, reversed his conviction for aggravated battery with a firearm, and vacated the jury’s finding of guilty of reckless discharge of a firearm and remanded for a new trial on the aggravated battery with a firearm charge. (O’BRIEN and HAUPTMAN, concurring)