People v. Davis

The defendant, Wayne A. Davis, was charged in an indictment with first degree murder. He was subsequently convicted by a jury of the lesser-included offense of involuntary manslaughter, a Class 3 felony. See 720 ILCS 5/9—3(d)(1) (West 2000). At sentencing, the circuit court of Kane County found that the victim, defendant’s son, was a “family or household member” as defined in section 112A—3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/112A—3(3) (West 2000)). Based on this finding, pursuant to section 9—3(f) of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/9—3(f) (West 2000)),…