People v. Wade

Illinois Appellate Court
Criminal Court
Indictment
Citation
Case Number: 
2015 IL App (3d) 130780
Decision Date: 
Wednesday, October 7, 2015
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT
One Defendant was convicted, after jury trial, of attempted murder and unlawful possession of a weapon by a felon; another Defendant was convicted, by same jury, of attempted murder. Court did not err by instructing jury as to whether Defendants personally discharged a gun proximately causing great bodily harm, where Defendants' indictments did not include such allegations. Indictments sufficiently notified Defendants that State would seek 25-year enhancement. Language of indictments clearly alleged that Defendants personally discharged a weapon, and sufficiently notified Defendants jury would consider whether Defendants caused victim's injuries. State's failure to include all sentence-enhancing elements in indictment did not deny Defendants a fair trial nor undermine integrity of judicial process. (CARTER and HOLDRIDGE, concurring.)