This case presents question as to whether defendant’s trial counsel was ineffective for failing to seek reduction in defendant’s 31-year sentence on attempted first degree-murder conviction pursuant to section 8-4(c)(1)(E) of Criminal Code, which allows for said reduction upon showing that defendant was acting under sudden and intense passion resulting from serious provocation, and that defendant would have negligently or accidentally caused victim’s death had victim died. While Appellate Court found that both prongs for sentence reduction under section 8-4(c)(1)(E) had been met, state argued in its petition for leave to appeal that record showed that defendant was not entitled to said reduction, and thus his trial counsel was not ineffective for failing to seek said reduction, where defendant intentionally shot unarmed victim and responded disproportionately and non-accidentally during mutual combat with victim. (Partial dissent filed.)
Illinois Supreme Court PLAs
Criminal Court
Ineffective Assistance of Counsel