People v. Austin

Defendant, J.W. Austin, appeals his convictions of and sentences for two counts of attempted first degree murder (Ill. Rev. Stat. 1989, ch. 38, pars. 8 — 4(a), 9 — l(aXl)). Defendant raises two issues on appeal: whether he was denied the effective assistance of counsel where his attorney failed to seek jury instructions on attempted second degree murder; and whether the concurrent 10-year sentences are excessive.

At the jury trial, Lunetta “Lucy” Powell testified that she lived in the same apartment building as defendant. Lucy had known defendant for over a year prior to the incident.…