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PEOPLE v. BROWNELL

No. 55192.

96 Ill.2d 167 (1983)

449 N.E.2d 1318

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. CURTIS J. BROWNELL, Appellant.

Supreme Court of Illinois.

Opinion filed May 18, 1983.

Attorney(s) appearing for the Case

Peter B. Nolte and Paul E. Gaziano, of Rockford, for appellant.

Tyrone C. Fahner, Attorney General, of Springfield (Michael B. Weinstein, Marcia L. Friedl, and Kenneth A. Fedinets, Assistant Attorneys General, of Chicago, of counsel), for the People.

Sentence vacated; cause remanded.

JUSTICE CLARK delivered the opinion of the court:

On September 13, 1978, Curtis J. Brownell was found guilty, by the circuit court of Boone County, of the murder, aggravated kidnaping and rape of Louise Betts. The State requested a sentencing hearing for the purpose of imposing the death penalty. The defendant waived a jury proceeding and was sentenced by the court to death. Upon appeal to this court, the convictions for murder...

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