People v. Camacho

Jury found Defendant guilty of first degree murder. On appeal, Defendant contends the trial court erred in refusing to provide the jury with an instruction on mitigation from first degree murder to second degree murder due to provocation. Court did not err. Defendant’s version of the incident does not reveal any evidence of provocation that he willingly entered into the fight with the victim. Instead, his testimony establishes he acted defensively, fearing for his life. Defendant is entitled to a $5 credit for each day he was in presentence custody which can be used toward his court system fine, State’s Attorney records automation fine, and public defender records automation fine. (NEVILLE and SIMON, concurring.)