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PEOPLE v. LINSCOTT

No. 82-2927.

159 Ill. App.3d 71 (1987)

511 N.E.2d 1303

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. STEVEN PAUL LINSCOTT, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed July 29, 1987.

Attorney(s) appearing for the Case

Thomas D. Decker & Associates, Ltd., of Chicago (Thomas D. Decker and Richard H. McLeese, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., and David A. Cuomo, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE RIZZI delivered the opinion of the court:

Defendant, Steven Paul Linscott, was charged with the rape and murder of Karen Anne Phillips. A jury found him guilty of murder but not guilty of rape, and he was sentenced to 40 years in prison. On appeal, we reversed the conviction on the basis that the State did not prove defendant guilty beyond a reasonable doubt; one judge dissented. (People v. Linscott (1985),

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