People v. Mays

I respectfully dissent from the opinion of the majority. I agree that a defendant is entitled to an instruction on a lesser-included offense if there is evidence in the record which, if believed by a jury, would reduce the crime to a lesser included offense (People v. Dunagan (1979), 71 Ill. App. 3d 972, 389 N.E.2d 1261; People v. Simpson (1978), 57 Ill. App. 3d 442, 373 N.E.2d 809, aff'd (1978), 74 Ill. 2d 497, 384 N.E.2d 373. See Beck v. Alabama (1980), 444 U.S. 897, 62 L. Ed. 2d 132, 100 S. Ct. 2382.) However, I believe that the instruction tendered by the defendant in this case was not…