Defendant was found guilty of attempted first-degree murder of a peace officer and was sentenced to 30 years in prison, plus an additional 20 years for using a firearm during the commission of the offense. Defendant appealed his conviction arguing that the trial court erred in denying his request for a second expert to evaluate his mental state at the time he committed the offense and that the 20-year firearm enhancement did not apply to his case. The appellate court affirmed, finding the trial court’s decision not to approve additional funds for further psychiatric evaluation was not an abuse of discretion. The appellate court also found the sentence enhancement was appropriately applied and that precedent to the contrary was “wrongly decided.” Justice Lytton dissented on the latter issue finding precedent on the question to be "well reasoned." (HOLDRIDGE, concurring and LYTTON, dissenting.)
Illinois Appellate Court
Criminal Court
Sentencing