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PEOPLE v. FRANKLIN

No. 61537.

115 Ill.2d 328 (1987)

504 N.E.2d 80

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. RUSSELL FRANKLIN, Appellant.

Supreme Court of Illinois.

Opinion filed January 30, 1987.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Richard E. Gade, Assistant Public Defender, of counsel), for appellant.

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Mark L. Rotert, Assistant Attorney General, of Chicago, and Joan S. Cherry, Thomas V. Gainer, Mary Ellen Dienes, and John J. Mahoney, Assistant State's Attorneys, of counsel), for the People.

Judgments reversed; cause remanded.

JUSTICE MILLER delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, the defendant, Russell Franklin, was convicted of murder and sentenced to 25 years' imprisonment. The appellate court affirmed the conviction in an unpublished order (130 Ill.App.3d 1157), and we allowed the defendant's petition for leave to appeal.

The murder victim, Theodore Hawkins, was shot and killed...

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