People v. Scott

(Modified upon denial of rehearing 9/15/15.) Defendant was convicted, after jury trial, of second degree murder and sentenced to 18 years. No substantial prejudice shown from prosecutor’s rebuttal argument that Defendant fabricated his self-defense theory at trial three years after shooting, as remark was not a material factor in jury’s verdict. No substantial prejudice resulted from defense counsel’s failure to pursue motion in limine, as no reasonable probability that result of proceeding would have been different. Sentencing court did not abuse its discretion even though sentence was near upper range of permissible sentences. Court placed no emphasis on AUUW conviction itself, but relied on Defendant’s pattern of behavior two months after release from parole, selling drugs, buying guns, and engaging in fatal street brawl. (PUCINSKI and MASON, concurring.)