People v. Flynn
2012 IL App (1st) 103687
Ill. App. Ct.2012Background
- August 4, 2001, shooting at Tilton Park in Chicago; Collins killed, Taylor wounded; Dog Pound gang involved; multiple shooters and firearms found at the scene.
- Defendant Flynn was charged in 2007 with first degree murder, attempted first degree murder, aggravated battery with a firearm, and aggravated discharge of a firearm.
- Trial established that Flynn allegedly acted under accountability for the murder of Collins and attempted murder of Taylor; Flynn admitted handling guns and participating.
- Flynn was convicted of first degree murder and attempted first degree murder, with personal discharge of a firearm during each offense; sentenced to 66 years.
- Issues: (1) whether Flynn was proven accountable for Taylor’s attempted murder; (2) whether the 20-year firearm enhancements applied to both murder and attempted murder convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accountability for attempted murder of Taylor | State showed common design and Flynn’s involvement | No common design; Flynn not involved in Taylor’s shooting | Affirmed: Flynn accountable for attempted murder under common design. |
| Firearm sentencing enhancements for accountability | Enhancements apply to accountable defendants who personally discharged | Ambiguity; may not apply to accountable defendant | Affirmed: 20-year enhancement applies to both murder and attempted murder. |
Key Cases Cited
- People v. Morgan, 39 Ill. App. 3d 588 (1976) (accountability extends to acts in furtherance of common purpose)
- People v. Kessler, 57 Ill. 2d 493 (1974) (accountability for co-actors in planning or commission)
- People v. Sangster, 91 Ill. 2d 260 (1982) (consecutive sentencing under accountability extends to acts done in furtherance)
- People v. Jordan, 103 Ill. 2d 192 (1984) (extended-term under accountability for brutal/heinous crime)
- People v. Rodriguez, 229 Ill.2d 285 (2008) (accountable defendant can receive firearm enhancements)
- People v. Perez, 189 Ill. 2d 254 (2000) (no common design to harm precludes accountability without knowledge)
- People v. Estrada, 243 Ill. App. 3d 177 (1993) (absence of shared intent defeats accountability for murder)