People v. Carey

This case present question as to whether defendant’s felony murder conviction based on allegation that defendant caused death of victim while committing forcible felony of attempted armed robbery, must be vacated, where indictment failed to indicate which version of attempted armed robbery (i.e., with or without use of firearm) govt. sought to use as predicate offense for felony murder. Appellate Court, in vacating defendant’s felony murder conviction, found that defendant was prejudiced by said failure to identify which version govt. sought to prove at trial. In its petition for leave to appeal, govt. argued that: (1) defendant had waived instant issue by raising instant issue for first time in his petition for rehearing filed in Appellate Court; and (2) Appellate Court’s ruling conflicts with Simmons, 93 Ill.2d 94, which found that indictment need not cite to alleged predicate felony.