People v. Brown

PRESIDING JUSTICE CERDA

delivered the opinion of the court:

After a bench trial, defendant, Everett Brown, was convicted of two counts of second degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 2) and sentenced to 10 years’ imprisonment. On appeal, defendant asserts that (1) the second degree murder statute is unconstitutional because it shifts the burden of proving an element of murder to the defendant; (2) the second degree murder statute violates due process and equal protection by deterring those convicted of second degree murder from appealing their convictions; (3) he proved by a…