1Defendant was charged with two counts of first degree felony murder
(720 ILCS 5/9–1(a)(3) (West 2004)), one count predicated on attempted
mob action (720 ILCS 5/8–4(a), 25–1(a)(1) (West 2004)) and the second
count predicated on mob action (720 ILCS 5/25–1(a)(1) (West 2004)).
Docket No. 107091.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellee v.
JEFFREY A. DAVISON, Appellant.
Opinion filed February 4, 2010.
JUSTICE KILBRIDE delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, and
Karmeier concurred in the judgment and opinion.
Justice Garman specially concurred, with opinion, joined by
This appeal requires us to determine whether the offense of mob
action properly served as the predicate forcible felony for defendant’s
first degree felony-murder conviction.1 Citing our decision in People
v. Morgan, 197 Ill. 2d 404 (2001), defendant contends his felony-murder
conviction must be reversed because the charged predicate