Defendant was convicted of second degree murder and armed violence and was sentenced to 22 years in prison. On direct appeal, defendant argued that the armed violence statute violated the Second Amendment, both on its face and as-applied, that the trial court erred in allowing the prosecutor and witnesses for the State to refer to the decedent as the “victim,” and that the trial court erred in denying defendant’s request for the duty to retreat instruction in self-defense. The appellate court affirmed, finding that the statute does not conflict with the provisions of the second amendment because the armed violence statute does not regulate the possession of a firearm by law-abiding citizens, that the defendant was not prejudiced by the description of the decedent as the “victim” because the references were insignificant and unobtrusive, and that the trial court judge did not err in its instruction of the jury. (VAN TINE and D.B. WALKER, concurring)
Illinois Appellate Court
Criminal Court
Second Amendment