Supreme Court of Illinois

In an involuntary manslaughter conviction elevated from a Class 3 to a Class 2 felony based on a finding at sentencing that the victim was a "family or household member," the sentence is affirmed where defendant failed to meet his burden of establishing that the omission of an allegation that the victim was a family member from the indictment charging him with first degree murder caused him prejudice in the preparation of his defense.

Appellate Information

• Decided 12/15/2005
• Published 12/15/2005

Judges

• Justice McMORROW delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• G. Joseph Weller, Deputy Defender, Paul J. Glaser, Assistant Defender, Office of the State Appellate Defender, Elgin, for appellant., Lisa Madigan, Attorney General, Springfield, and Meg Gorecki, State's Attorney, St. Charles (Gary Feinerman, Solicitor General, Linda D. Woloshin and Jay Paul Hoffmann, Assistant Attorneys General, Chicago, of counsel), for the People.