People v. Avdic

Defendant was convicted of one count of felony murder and one count of attempted murder under an accountability theory and was sentenced to a total of 56 years in prison. Defendant argued on appeal that the trial court erred in denying his motion to quash arrest and suppress evidence, that the trial court’s jury instructions were incorrect, and that the trial court erred in responding to a jury question. Defendant also argued that the cumulative effect of the errors denied him a fair trial and that the evidence was not sufficient to sustain his conviction. The appellate court reversed, finding that the trial court erred when it refused IPI Criminal No. 7.15A because causation was at issue in the case and finding that the error was not harmless. The appellate court further held that the trial court erred when it failed to instruct on the lesser included offense of robbery because the jury could have found the defendant guilty of robbery and not guilty of felony murder. The court also held that the trial court erred when it refused to give the pattern jury instruction on intent. (C.A. WALKER, concurring and TAILOR, specially concurring)