specially concurring:
Although, as I stated in Malik, I consider the question to be close, I agree with the majority that IPI Criminal No. 23.06, given in the context of the other instructions, could not reasonably have been interpreted by the jury to be mandatory or to shift the burden of persuasion. However, I am not prepared to hold that, if the instruction could reasonably have been so interpreted, the error was harmless beyond a reasonable doubt. Accordingly, I do not join in that portion of the opinion.
I am otherwise in agreement with the opinion and concur in the decision to affirm.