People v. Berry

Following a jury trial in the circuit court of Cook County, defendant, James Berry, was found guilty of murder and armed violence and was sentenced to a term of 30 years’ imprisonment. The appellate court reversed and remanded the cause for a new trial. (111 Ill. App. 3d 487.) We granted the State’s petition for leave to appeal pursuant to Rule 315. 73 Ill. 2d R. 315.

Three issues are raised on appeal: (1) Did the trial court’s failure to give Illinois Pattern Jury Instruction (IPI), Criminal, No. 25.05 (1968) constitute plain error? (2) Did defendant receive effective assistance of counsel?…