We hold Judge Kirby acted within his discretion in not instructing the jury on second degree murder because the defendant's subjective belief was not at issue; no evidence exists upon which the jury could have found the defendant believed circumstances existed that would justify his intentional or knowing killing of Thompson, but that his belief was unreasonable. In so holding, we follow People v. Anderson, 266 Ill. App. 3d 947, 641 N.E.2d 591 (1994), and distance ourselves from the unfortunate characterization in People v. Washington, 399 Ill. App. 3d 664, 680, 926 N.E.2d 899 (2010), that the Anderson decision is an "aberration." As in Anderson, this case involves only a claim of perfect self-defense: the evidence permitted only a conclusion of guilty of first degree murder or not guilty by reason of self-defense.

Defendant appealed and the appellate court reversed and remanded for a new trial, holding that where the evidence supports the giving of a self-defense instruction, it was an abuse of discretion for the trial court to refuse a defendant's request for a second degree murder instruction. 399 Ill.App.3d 664, 339 Ill.Dec. 424, 926 N.E.2d 899. We granted the State leave to appeal.

A defendant who aims a firearm towards the intended victim and discharges it has not acted recklessly. People v. Washington, 399 Ill.App.3d 664, 676 (2010) ("Illinois courts have clearly and consistently held that when a defendant points a firearm in the direction of an intended victim and fires the weapon, he has not acted recklessly."). Accordingly, the evidence was sufficient to sustain the court's finding of first degree murder.

¶ 88 As an alternative argument in support of the denial of the second-degree murder instruction, the State argues this case is like People v. Anderson, 266 Ill.App.3d 947, 204 Ill.Dec. 367, 641 N.E.2d 591 (1994), and People v. Billups, 404 Ill.App.3d 1, 343 Ill.Dec. 818, 935 N.E.2d 1046 (2010), which held that instructions on second-degree murder need not be given where the evidence indicates only two possible conclusions, that the defendant committed first-degree murder (if the State's witnesses are believed) or that he acted in self-defense (if the defense witnesses are believed) and where there is no evidence defendant's belief in self-defense was unreasonable. In People v. Washington, 399 Ill.App.3d 664, 339 Ill.Dec. 424, 926 N.E.2d 899 (2010), a panel of the appellate court held Anderson was wrongly decided, and that under Lockett, an instruction on second-degree murder must be given in all cases where there is any evidence supporting a self-defense instruction, and that it is for the jury to determine whether the defendant's belief in self-defense was reasonable or unreasonable. Our supreme court has granted leave to appeal in People v. Washington, 237 Ill.2d 586, 345 Ill.Dec. 90, 938 N.E.2d 529 (2010).

As an alternative argument in support of the denial of the second-degree murder instruction, the State argues this case is like People v. Anderson, 266 Ill. App. 3d 947 (1994) and People v. Billups, 404 Ill. App. 3d 1 (2010), which held that instructions on second-degree murder need not be given where the evidence indicates only two possible conclusions, that the defendant committed first-degree murder (if the State's witnesses are believed) or that he acted in self-defense (if the defense witnesses are believed) and where there is no evidence defendant's belief in self-defense was unreasonable. In People v. Washington, 399 Ill. App. 3d 664 (2010), a panel of the appellate court held Anderson was wrongly decided, and that under Lockett, an instruction on second-degree murder must be given in all cases where there is any evidence supporting a self-defense instruction, and that it is for the jury to determine whether the defendant's belief in self-defense was reasonable or unreasonable. Our supreme court has granted leave to appeal in People v. Washington, 237 Ill. 2d 586 (2010).