(Court opinion corrected 11/12/19.) Defendant was convicted, after jury trial, of attempted first-degree murder, aggravated battery with a firearm, and aggravated discharge of a firearm after he used sawed-off shotgun to shoot two police officers. No error in refusing to admit testimony of defense expert that shotgun was not dangerous, as guns are per se deadly weapons, and testimony was not relevant to proving first element of attempted murder, a "substantial step"; and was not relevant to whether Defendant intended to commit murder, as expert could not testify as to what Defendant knew about shotgun's capabilities after the offense. As evidence of Defendant's guilt was overwhelming, Defendant could not show reasonable probability that outcome would have been different if defense counsel had introduced officers' previous statements into evidence. Thus, Defendant could not show ineffective assistance of counsel. (PALMER and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Expert Witnesses