People v. Smith

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2014 IL App (1st) 103436
Decision Date: 
Thursday, July 17, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
EPSTEIN
Defendant was convicted, after jury trial, of first-degree murder, attempted first-degree murder, and armed robbery. State laid adequate foundation for admission of firearms evidence. Trial counsel was not ineffective for failing to object to that testimony. Prosecutor's remark in closing, that Defendant had four years to think about the story, did not prejudice Defendant. Court within its discretion in refusing involuntary manslaughter instruction, as evidence showed that Defendant acted intentionally or knowingly rather than recklessly. Fifteen-year sentence enhancement for armed robbery does not apply to Defendant. Statute reviving enhancement is presumed prospective absent evidence of contrary legislative intent.(HOWSE and LAVIN, concurring.)