People v. Buress

PRESIDING JUSTICE SCARIANO

delivered the opinion of the court:

This case comes before us for the second time. On February 22, 1994, in a published opinion, we affirmed defendant’s conviction and sentence. (People v. Buress (1994), 259 Ill. App. 3d 217, 630 N.E.2d 1143 (Buress I).) The supreme court subsequently issued a supervisory order remanding the case to us for reconsideration in light of its recent decision, People v. Novak (1994), 163 Ill. 2d 93, 643 N.E.2d 762, which provides the analytical framework for determining whether the jury should be instructed on a lesser included offense.

While…