Defendant was convicted, after jury trial, of 1st degree murder, with a finding that he personally discharged a firearm, and aggravated battery with a firearm. Case arose from drive-by shooting,when gunshots fired from a car struck and killed one person and struck and injured another person. Witnesses identified Defendant as the shooter. Relative credibility of State's identification witnesses over the reliability of Defendant's alibi witnesses was obvious and apparent. Error in admitting hearsay testimony did not severely threaten to tip scales of justice against Defendant. No ineffective assistance of counsel, as Defendant cannot show that he was prejudiced by defense counsel's failure to object to witness' prior inconsistent statement. Court properly conducted appropriate and impartial Krankel preliminary inquiry, as to ineffective assistance of counsel claims.(GORDON and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel