People v. Durham

Defendant, Byron M. Durham, appeals from his convictions of first-degree murder (720 ILCS 5/9—1(a)(1), (a)(2) (West 1996)) and aggravated battery with a firearm (720 ILCS 5/12—4.2(a)(1) (West 1996)) and his consecutive sentences of 27 years’ imprisonment for murder and 9 years for aggravated battery with a firearm. We affirm as modified.

At approximately 3:30 a.m. on May 7, 1996, Joe Nunnally was shot several times and taken to Mercy Center Hospital, where he died from his gunshot wounds on May 9. Casey Stewart was also shot at that time, although his wound did not require medical attention.…