People v. Godfrey

JUSTICE SCHMIDT,

specially concurring:

I agree with the majority’s decision to affirm the circuit court, but I disagree with its approach to both of defendant’s claims of error.

I. Relief Under Supreme Court Rule 615

The problem with the majority opinion is apparent. The majority, citing People v. Jackson, 181 Ill. App. 3d 1048, 537 N.E.2d 1054 (1989), holds “[sjince there is no evidentiary weakness, we cannot invoke Rule 615 to reduce defendant’s conviction and sentence.” 382 Ill. App. 3d at 515. This opinion not only fails to provide guidance to practitioners, but also misleads them. The…