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PEOPLE v. VALDEZ

Nos. 52368, 52472 cons.

79 Ill.2d 74 (1980)

402 N.E.2d 187

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. MIGUEL VALDEZ, Appellant (Robert A. DeVito, Director of Mental Health and Developmental Disabilities, Appellant).

Supreme Court of Illinois.

Rehearing denied March 28, 1980.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Marc Fogelberg, Assistant Public Defender, of counsel), for appellant Miguel Valdez.

William J. Scott, Attorney General, of Springfield (Alan E. Grischke and John J. Posch, of Chicago, Special Assistant Attorneys General), for appellant Director of the Department of Mental Health and Developmental Disabilities.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Joel A. Eisen-Stein, and Wesley H.H. Ching, Assistant State's Attorneys, of counsel), for the People.

Affirmed in part and vacated in part.

MR. CHIEF JUSTICE GOLDENHERSH delivered the opinion of the court:

On May 3, 1978, following a bench trial in the circuit court of Cook County, defendant, Miguel Valdez, was acquitted by reason of insanity (Ill. Rev. Stat. 1977, ch. 38, par. 115-3) of the murders of Lecia Agsaoay on April 3, 1977, and Dr. Jesus Lim on April 4, 1977. On May 11, 1978, in a hearing held pursuant to section 5-2-4(a) of the Unified Code of Corrections...

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