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PEOPLE v. MOYA

No. 85-3453.

175 Ill. App.3d 22 (1988)

529 N.E.2d 657

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GONZALO H. MOYA, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed September 7, 1988.

Attorney(s) appearing for the Case

Julius Lucius Echeles, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., and James E. Fitzgerald, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE RIZZI delivered the opinion of the court:

Following a jury trial, defendant, Gonzalo Moya, was convicted of aggravated battery and attempted murder and sentenced to 19 1/2 years in the Illinois Department of Corrections. On appeal, defendant argues that (1) the prosecutor made improper and prejudicial remarks regarding the absence of defendant's alibi witnesses from defendant's trial; (2) the court erroneously instructed the...

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