Illinois Appellate Court
Criminal Court
Jury Instructions
Defendant was convicted, after jury trial, of first degree murder and sentenced to 42 years. Whether Defendant was armed with a firearm was not submitted to jury as aggravating factor for felony murder, and thus court erred in imposing 15-year firearm enhancement. Error was harmless, as evidence that Defendant was armed with a firearm at time he committed felony murder was uncontested and overwhelming. Court had statutory authority to impose firearm enhancement. (DELORT and HARRIS, concurring.)