People v. Luna
409 Ill. App. 3d 45
Ill. App. Ct.2011Background
- Defendant Javier Luna and others drank and used cocaine; the victim Jose Miranda joined the group late at night.
- A prior knife fight occurred; another man stabbed someone in the hand and stomach and the group broke up.
- Luna armed himself with a kitchen knife; witnesses describe Luna stabbing the victim in the chest, causing death.
- Luna claimed self-defense or scaring away an attacker; the jury heard inconsistent statements about his intent.
- At trial Luna sought a lesser-included involuntary-manslaughter instruction; the court refused; the jury convicted Luna of second-degree murder.
- At sentencing the court imposed a 20-year term, citing deterrence, protection of the public, and the death of the victim; Luna appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether involuntary manslaughter instruction was required | People argues no credible evidence supports involuntary manslaughter | Luna contends the evidence could support an involuntary manslaughter instruction | No involuntary manslaughter instruction; no credible evidence of unintentional killing |
| Whether the death of the victim could be used as an aggravating factor | People asserts death is a proper aggravating factor given the circumstances | Luna argues improper double enhancement by using death as aggravation | Improper factor considered but harmless; no remand required; sentence affirmed |
| Whether Rule 431(b) admonitions were properly given to the venire | People contends Rule 431(b) was satisfied by the overall instruction | Luna argues strict compliance required; any failure was reversible error | Forfeited under Thompson; even if reached, error not reversible under plain-error doctrine |
Key Cases Cited
- People v. Jones, 219 Ill.2d 1 (2006) (involuntary manslaughter requires recklessness; self-defense does not bar instruction if supported)
- People v. Castillo, 188 Ill.2d 536 (1999) (inconsistent defenses allowed with involuntary manslaughter instruction when supported by evidence)
- People v. White, 146 Ill.2d 437 (1992) (hidden mental states not allowed to override evidentiary support for lesser offense)
- People v. Jackson, 372 Ill.App.3d 605 (2007) (intent to kill with a deadly weapon generally precludes involuntary manslaughter instruction)
- People v. Sipp, 378 Ill.App.3d 157 (2007) (gun-like deadly weapon analysis informs involuntary manslaughter review)
- People v. Gilliam, 172 Ill.2d 484 (1996) (remand not always required when improper aggravating-factor consideration is shown)
- People v. Verser, 200 Ill.App.3d 613 (1990) (harmless error review of aggravation factor in sentencing)
- People v. Enoch, 122 Ill.2d 176 (1988) (plain-error review framework for unpreserved claims)