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PEOPLE v. BENABE

No. 1-87-0489.

180 Ill. App.3d 235 (1989)

535 N.E.2d 949

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. BOLIVAR BENABE, Defendant-Appellant.

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

Rehearing denied March 29, 1989.

Attorney(s) appearing for the Case

Frederick F. Cohn, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Inge Fryklund, Al Tomaso, and Robert B. Berlin, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

PRESIDING JUSTICE FREEMAN delivered the opinion of the court:

Defendant, Bolivar Benabe, was charged with two counts of murder (Ill. Rev. Stat. 1983, ch. 38, pars. 9-1(a)(1), (a)(2)), two counts of attempted murder (Ill. Rev. Stat. 1983, ch. 38, par. 8-4), two counts of armed violence (Ill. Rev. Stat. 1983, ch. 38, par. 33A-2), and three counts of aggravated battery (Ill. Rev. Stat. 1983, ch. 38, pars. 12-4(a), (b)(1), (b)(8)). Challenging...

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