PEOPLE v. FERNANDEZ

No. 2-89-0940.

583 N.E.2d 627 (1991)

222 Ill. App.3d 80

164 Ill.Dec. 711

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank C. FERNANDEZ, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 6, 1991.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, Steven E. Wiltgen, Michael J. Pelletier, Deputy Defender, Chicago, Marc Davidson, Asst. Defender, James E. Chadd, OSAD Chicago, for Frank C. Fernandez.

Paul A. Logli, Winnebago County State's Atty., Rockford, William L. Browers, Deputy Director, Marshall M. Stevens, State's Attys. Appellate Prosecutor, Elgin, for People.


Justice McLAREN delivered the opinion of the court:

Frank Fernandez, defendant, appeals from the denial of his petition for post-conviction relief. The record reveals that Fernandez was charged with felony murder (Ill.Rev.Stat.1985, ch. 38, par. 9-1(a)(3)), predicated on his acts as an accessory to a burglary and subsequent murder, where the victim was bludgeoned to death with a hatchet used by codefendant, Charles Wright. We affirm.

In 1986, Richard Berry...

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