People v. Smalley

Following a trial without a jury, defendant Sylvester Smalley was found guilty of first degree murder and armed violence. The court sentenced defendant to concurrent prison terms of 24 years for first degree murder, and 10 years for armed violence. On appeal, defendant contends that the Illinois murder statute is unconstitutional; that his conviction for first degree murder must be reduced to second degree murder; that the convictions for first degree murder and armed violence were based on the same physical act; and that the trial court erred in failing to appoint new counsel for defendant…