Docket No. 105092.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v.
JERMAINE DAVIS, Appellant.
Opinion filed May 21, 2009.
JUSTICE THOMAS delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Kilbride, Garman,
Karmeier, and Burke concurred in the judgment and opinion.
Defendant, Jermaine Davis, was charged with aggravated battery,
armed robbery and first degree murder. The first degree murder
charge was brought under three different theories–intentional murder,
knowing murder (also called strong probability murder), and felony
murder. See 720 ILCS 5/9–1(a) (West 2004). The intentional and
strong probability murder counts each alleged that defendant and his
two codefendants–Maurice Thomas and Edward Durant–beat and
killed the victim “with their fists, feet and a board.” The felony-murder
count alleged that defendant and the others beat and killed the
victim “with their fists, feet and a board during the commission of a
forcible felony, to wit: aggravated battery.” The aggravated battery
count likewise alleged that defendant and the others beat the victim