People v. Haynes

Defendant was convicted of first-degree murder and attempted first-degree murder and was sentenced to 31 years in prison. On appeal, he argued that his counsel was ineffective for not seeking a reduced sentence under a statute that allows a defendant convicted of attempted first degree murder to be sentenced for a Class I felony instead of a Class X felony if the defendant proves by a preponderance of the evidence that they were acting under a sudden and intense passion resulting from provocation by the victim. The appellate court affirmed defendant’s conviction but vacated his sentence and remanded for re-sentencing. The supreme court reversed the judgment of the appellate court, finding that provocation was inapplicable under the facts of the case because the defendant was the aggressor and, as such, he could not rely on the victim’s response as evidence of "mutual combat." (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, CUNNINGHAM, and O’BRIEN, concurring)