People v. Mitchell

Following a jury trial, defendant was convicted of the offense of aggravated battery (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 4(a)) and attempt (murder) (Ill. Rev. Stat. 1991, ch. 38, pars. 8 — 4(a), 9— 1(a)(1)). He was sentenced to a term of 10 years’ imprisonment and ordered to pay restitution in the amount of $14,315.13. Defendant appeals, claiming (1) he is entitled to a new trial because the trial court erroneously instructed the jury that it could find defendant guilty of attempt (murder) without finding that he had the intent to kill, and (2) the order of restitution was a meaningless…