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PEOPLE v. ALERTE

No. 1-90-2003.

608 N.E.2d 1 (1992)

239 Ill. App.3d 1050

180 Ill.Dec. 879

The PEOPLE of the State of Illinois Plaintiff-Appellee, v. Frank C. ALERTE, Jr., Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied February 19, 1993.

Attorney(s) appearing for the Case

Randolph N. Stone, Chicago (Evelyn G. Baniewicz, of counsel), for defendant-appellant.

Jack O'Malley, Chicago (Renee Goldfarb, Rebecca Davidson, of counsel), for plaintiff-appellee.

Justice RIZZI delivered the opinion of the court:

Following a jury trial in 1980, defendant, Frank C. Alerte, Jr., was convicted of murder and sentenced to 30 years imprisonment in the Illinois Department of Corrections. (Ill.Rev.Stat.1979, ch. 38, par. 8-4. Defendant's conviction was affirmed on appeal. After defendant exhausted his State court remedies, he petitioned the United States District Court for a writ of habeas corpus. The district court granted...

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