Armour v. State
Annotate this CaseDefendant challenged his convictions for malice murder and other crimes in connection with the shooting death of the victim. On appeal, defendant contended that trial counsel was deficient in failing to seek suppression of multiple eyewitness identifications of him made during photo lineups; trial counsel was not adequately prepared for trial based on an alleged failure to properly object when the State violated the discovery statute by disclosing 47 witnesses less than 10 days before trial; trial counsel should have subpoenaed a certain witness, whom defendant alleged was the real shooter, to testify for the defense at trial; trial counsel was ineffective in raising his bad character; and the trial court erred by preventing him from impeaching a certain witness for the prosecution. The court rejected defendant's claims. However, the court held that, although not enumerated as an error, the felony murder conviction was vacated by operation of law and the firearm possession sentence far exceeded the statutory minimum. Accordingly, defendant's sentence must be vacated and the case remanded for resentencing.
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