Defendant proceeded to jury trial, after his codefendant accepted a plea deal, that resulted in a hung jury. Defendant was then convicted, after 2nd jury trial, of 1 count of delivery of a controlled substance. Court erred during voir dire by omitting the principle that the decision to forgo testifying may not be held against a defendant. There was a contest of credibility and a closely balanced case, and this error might have influenced the jury. The jury instructions erroneously included IPI No. 3.17, instruction on accomplice testimony, which protects a defendant from a witness trying to get leniency from the State, but that risk was not present in this case. The accomplice witness's testimony for the defense entirely exonerated Defendant. (WALKER and PIERCE, concurring.)
Illinois Appellate Court
Criminal Court
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