People v. Tainter

PRESIDING JUSTICE CAMPBELL

delivered the opinion of the court:

This case is before us a second time. We affirmed the defendant’s conviction of first degree murder (720 ILCS 5/9—1 (West 1994)) and his extended-term sentence of 75 years’ imprisonment in People v. Tainter, 294 Ill. App. 3d 634, 691 N.E.2d 55 (1998). Justice Buckley dissented on the ground that the trial court should have instructed the jury on the lesser offense of involuntary manslaughter.

Our supreme court entered a supervisory order directing us to vacate our prior opinion and reconsider the case in light of its recent decision…