People v. Taylor

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2016 IL App (1st) 141251
Decision Date: 
Tuesday, October 18, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed and remanded.
Justice: 
MASON

Defendant was convicted, after 2014 jury trial, of attempted murder and aggravated battery with a firearm and sentenced as a Class X offender to 36 years. Defendant shot his then-girlfriend, after her car hit his ex-girlfriend's car, in which Defendant's 7-year-old daughter was a passenger. Court did not abuse its discretion when it declined to instruct jury on defense of others, as Defendant did not show that harm to his daughter was imminent. Absent evidence that Defendant was acting in defense of others, he is not entitled to instruction premised on finding that his belief in need to defend others was unreasonable. Remanded for factual determination on issue of provocation as to attempted murder charge. (HYMAN and PIERCE, concurring.)