People v. Horton

Defendant, James Horton, was convicted of first degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9—l(a)(2)) and sentenced to 28 years in prison.

On appeal, defendant contends: (1) the Illinois first degree murder statute is unconstitutional; (2) his conviction for first degree murder should be reduced to second degree murder; and (3) the prison sentence was excessive. We disagree and affirm the conviction and sentence.

During the early morning hours of January 6, 1990, the defendant and Dorothy Dothard, his live-in girlfriend, were hosting a small party in the defendant’s apartment. The guests…