People v. Hale

Defendant was found guilty of two counts of first degree murder and was sentenced to 45 years in prison. The appellate court reversed and remanded for further proceedings, finding that the trial court incorrectly instructed the jury that it could find the State proved defendant guilty of both first degree murder and reckless homicide despite the fact that the two offenses are predicated on inconsistent mental states. The appellate court noted that while the trial court gave a correct instruction that contradicted its erroneous instruction, it was not possible to determine which instruction was relied on by the jury. (HETTEL and BERTANI, concurring)