People v. Vargas 

Illinois Appellate Court
Criminal Court
Voir Dire
Citation
Case Number: 
No. 1-08-0383
Decision Date: 
Friday, May 6, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Remanded with directions.
Justice: 
EPSTEIN
Defendant was convicted, after jury trial, of first degree murder, attempted first degree murder, and aggravated discharge of a firearm. Court failed to make any inquiry of pro se Defendant's claim of ineffective assistance of counsel and was dismissive of claims and critical of Defendant for asserting his misgivings. Without proper inquiry and development, the court could not fully evaluate Defendant's claims. Court's phrasing in voir dire of Defendant's choice to not testify was sufficient to ascertain the understanding and acceptance of the principle, and asking for jurors' promise to agree with the principle further emphasized its importance. Conviction for aggravated discharge of firearm violates the one-act, one-crime rule. (J. GORDON and HOWSE, concurring.)