People v. Sanders

              No. 3--04--0551
_____________________________________________________________________
Filed November 6, 2006.
IN THE APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2006
PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court
) of the 10th Judicial Circuit,
Plaintiff-Appellee, ) Peoria County, Illinois
)
v. ) No. 99-CF-91
)
DONNELL L. SANDERS, ) Honorable
) Michael Brandt,
Defendant-Appellant. ) Judge, Presiding.
______________________________________________________________________
JUSTICE CARTER delivered the OPINION of the court:
_____________________________________________________________________
After a jury trial, the defendant was convicted of first-degree murder (720 ILCS 5/9-
1(a)(2) West 1999)) and sentenced to 75 years= imprisonment. On direct appeal, the
conviction was reversed and the case was remanded for a new trial. After a second jury
trial, the defendant was again convicted of first degree murder and again sentenced to 75
years= imprisonment. The defendant appeals a second time. In this, the direct appeal from
the defendant=s second jury-trial conviction, the defendant argues: (1) that the trial court
committed plain error in providing an inadequate and misleading response to a jury
question; (2) that defense counsel provided ineffective assistance of counsel in regards to
the jury question; and (3) that the trial court erred in admitting the prior testimony of one of
the plaintiff=s expert opinion witnesses who had testified at the first trial but had died before
the second trial. We affirm.