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PEOPLE v. YATES

No. 53482.

98 Ill.2d 502 (1983)

456 N.E.2d 1369

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. LONNIE YATES, Appellant.

Supreme Court of Illinois.

Rehearing denied December 2, 1983.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Marc Fogelberg and Robert P. Isaacson, Assistant Public Defenders, of counsel, and Thomas Brandstrader for appellant.

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Michael B. Weinstein, Assistant Attorney General, and Michael E. Shabat, Joan S. Cherry, and Thomas J. Murphy, Assistant State's Attorneys, all of Chicago, of counsel), for the People.

Affirmed in part and vacated in part; cause remanded.

JUSTICE UNDERWOOD delivered the opinion of the court:

Defendant, Lonnie Yates, was charged by information in the circuit court of Cook County with a July 11, 1977, murder and burglary, in violation of sections 9-1 and 19-1 of the Criminal Code of 1961 (Ill. Rev. Stat. 1977, ch. 38, pars. 9-1, 19-1). Following a February 1979 jury trial he was found guilty of both offenses. The State then requested a separate...

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