Supreme Court of Illinois

Failure to instruct the jury as to the element of an involuntary manslaughter victim's status as a member of defendant's household was harmless error under Apprendi, where evidence on the issue was uncontested and overwhelming, thus an enhanced sentence is upheld.

Appellate Information

• Decided 02/06/2003
• Published 04/29/2003

Judges

• Chief Justice McMORROW delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• James E. Ryan and Lisa Madigan, Attorneys General, Springfield, and Jeff Tomczak, State's Attorney, Joliet (Joel D. Bertocchi, Solicitor General, William L. Browers, Lisa Anne Hoffman and Mary Beth Burns, Assistant Attorneys General, Chicago, and Norbert J. Goetten, John X. Breslin and John M. Wood, of the Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.


• For Appellees:
  
• Robert Agostinelli, Deputy Defender, and Santiago A. Durango, Assistant Defender, of the Office of the State Appellate Defender, Ottawa, for appellee.