People v. Orasco

(Court opinion corrected 4/18/16.) Defendant was convicted, after jury trial, of 3 first-degree murder counts, which merged together, and aggravated battery which merged with attempted first degree murder. Jury was instructed on accountability but not on affirmative defense of compulsion. No ineffective assistance of counsel from defense counsel never tendering an instruction on compulsion. Evidence at trial was insufficient to support jury instruction on compulsion; evidence did not establish that Defendant committed acts constituting any of his offenses under threat of great bodily harm or death; and any potential compulsion arose from fault of Defendant; Void sentence rule has been abolished, and thus, the State may not directly attack the trial court's sentencing order.(HOLDRIDGE and LYTTON concurring.),