Defendant was convicted, after jury trial, of 2nd degree murder aggravated battery with a firearm and not guilty of aggravated battery with a firearm. During voir dire, court asked whether prospective jurors "disagreed" with the Zehr principle of Rule 431(b), and then court asked State and defense counsel whether they believed that prospective jurors had "been properly admonished as far as Zehr principles." State and defense counsel responded in the affirmative. Defendant affirmatively waived improper questioning of prospective jurors on Zehr principles, by his counsel affirmatively acquiescing to the style of questioning. Court did not abuse its discretion in sentencing Defendant to 17 years. Circuit court clerk improperly fined Defendant, as court did not impose any specific fines, and thus fines are vacated.(KNECHT and APPLETON, concurring.)
Illinois Appellate Court
Criminal Court
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