People v. Rosalez

Defendant was convicted, after jury trial, of 1st-degree murder. Jury answered a special interrogatory by finding that State did not prove beyond a reasonable doubt that Defendant personally discharged the firearm that proximately caused the victim's death. Court sentenced Defendant to 35 years but, given jury's answer to special interrogatory, did not impose a sentencing enhancement for personally discharging a firearm that proximately caused the victim's death. Defendant made a substantial showing of actual innocence based on newly discovered evidence that his codefendant actually committed the charged offense.  (HUDSON and BIRKETT, concurring.)