State v. Ross

I join the majority in maintaining the defendant's conviction for attempted second *1085degree murder and in vacating both the conviction for aggravated battery and the related sentence. I further concur in the reversal of the order of restitution. I dissent in part, however, as I find legal error as to the sentencing hearing. As explained below, I would also vacate the defendant's sentence for attempted second degree murder given due process considerations.

Following consideration of the entire transcript in this case, one has to ask, "Was defense counsel sufficiently diligent in his…