Illinois Supreme Court February 20, 1979, 50479 (People v. Roberts)

MR. JUSTICE MORAN,

concurring in People v. Grizzle and dissenting in People v. Roberts:

The majority, sua sponte, relies on the procedural rule of waiver to reverse the appellate court and reinstate defendant Roberts’ conviction for attempted murder. This was done despite the well-established rule that an issue not raised in the court of review is deemed waived.