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PEOPLE v. TAMAYO

No. 50558.

73 Ill.2d 304 (1978)

383 N.E.2d 227

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ROGELIO TAMAYO, Appellee.

Supreme Court of Illinois.

Opinion filed November 22, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Daniel D. Doyle, State's Attorney, of Rockford (Donald B. Mackay, Melbourne A. Noel, Jr., and James A. Devine, Assistant Attorneys General, and Phyllis J. Perko, of the State's Attorneys Appellate Service Commission, of Elgin, of counsel), for the People.

Ralph Ruebner, Deputy Defender, and Daniel Cummings, Assistant Appellate Defender, of the Office of the State Appellate Defender, of Chicago, for appellee.

Affirmed in part and reversed in part and remanded.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

On June 30, 1975, a grand jury in Winnebago County indicted Rogelio Tamayo on one count of attempted murder and two counts of aggravated battery. After a hearing at which he was found fit to stand trial, defendant was convicted in a jury trial of attempted murder and one count of aggravated battery. The court sentenced him to four to six years' imprisonment...

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