People v. Nugen 

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
No. 1-07-2506
Decision Date: 
Monday, March 8, 2010
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed; modified upon denial of rehearing.
Justice: 
LAMPKIN
(Modified 3/8/10, originally filed 12/31/09). Defendant was not deprived of his right to fair trial, where court failed to read to jury IPI 2.04 which informs jury of Defendant's right to not testify, even though court had granted Defendant's request that IPI 2.04 be given. That written instruction was among the packet of instructions given to jury for their deliberations, and in voir dire jurors were repeatedly admonished of Defendant's right not to testify. Jury was not misinformed of this right, no structural error existed, and error harmless as evidence overwhelmingly supported jury's guilty verdict. Fifty-year sentence is within range for first-degree murder and is appropriate given facts.