Background

• Orasco was convicted by a Will County jury of three counts of first degree murder, one count of attempted first degree murder, one count of home invasion, one count of aggravated battery with a firearm, and one count of armed robbery; the three murder counts merged, and aggravated battery merged with attempted murder, with sentences imposed consecutively for murder and attempted murder and concurrently with home invasion and armed robbery.
• Defendant argues trial counsel was ineffective for failing to tender a jury instruction on compulsion; State argues the decision was strategic or non-prejudicial.
• Evidence at trial showed a plan to rob a construction worker (Terdic) with Edwards and Vetor; defendant purportedly acted under Edwards’ direction and had limited opportunity to withdraw.
• Jury was instructed on accountability but not on compulsion; defense counsel did not tender a compulsion instruction; verdicts on all counts were guilty.
• Appellate court affirmed the convictions, vacated the sentences, and remanded for resentencing; the court held the sentencing order void under 5-8-4(d)(1) and remanded for proper resentencing.

Issues

Key Cases Cited

• Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (establishes standard for ineffective assistance of counsel)
• People v. Humphries, 257 Ill. App. 3d 1034 (1st Dist. 1994) (compulsion defense limited by fault and opportunities to withdraw)
• People v. Serrano, 286 Ill. App. 3d 485 (5th Dist. 1997) (failure to tender an asserted defense can show ineffective assistance)
• People v. Johns, 387 Ill. App. 3d 8 (1st Dist. 2008) (burden shifts to State after defense raises a theory of defense)
• People v. Whitney, 188 Ill. 2d 91 (1999) (interpretation of consecutive sentencing provisions in 5-8-4(d)(1))