PEOPLE v. MENDE

No. 2-89-1126.

565 N.E.2d 722 (1990)

207 Ill. App.3d 240

152 Ill.Dec. 189

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Herbert F. MENDE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied February 4, 1991.


Attorney(s) appearing for the Case

Aldo E. Botti, Howard R. Wertz, Botti, Marinaccio, DeSalvo & Tameling, Ltd., Oak Brook, for Herbert F. Mende.

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director, David A. Bernhard, State's Attys. Appellate Prosecutors, Elgin, for the People.


Presiding Justice UNVERZAGT delivered the opinion of the court:

The defendant, Herbert Mende, was convicted of second-degree murder (Ill.Rev. Stat. 1987, ch. 38, par. 9-2(a)(2)) and sentenced to five years' imprisonment. On appeal, he argues that his sentence should be reduced. We affirm.

The defendant was convicted by a jury of the first-degree murder of James Slenger. By agreement of the State and the defendant, the conviction was vacated. After a

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