People v. Berry

This appeal involves the second of two jury trials which defendant, James Berry, had with respect to this matter. In the first trial, defendant was found guilty of murder and armed violence and sentenced to a term of 30 years in the Illinois Department of Corrections. On appeal, we reversed and remanded because (1) the trial court failed to give Illinois Pattern Jury Instructions, Criminal, No. 25.05 (1968) (hereinafter IPI Criminal) to the jury and (2) defendant was denied effective assistance of counsel. (People v. Berry (1982), 111 Ill. App. 3d 487, 444 N.E.2d 593.) The Illinois Supreme…