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PEOPLE v. BRACE

No. 3-90-0498.

583 N.E.2d 1169 (1991)

223 Ill. App.3d 152

164 Ill.Dec. 847

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Donald BRACE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

December 18, 1991.

Attorney(s) appearing for the Case

Karen Munoz, Asst. Defender, Office of State Appellate Defender, Springfield, Joseph N. Ehmann, Office of the State Appellate Defender, Ottawa, Michael Kirk, Trial Counsel, for Donald Brace.

Judith Z. Kelly, State's Attorney Appellate Prosecutor, Ottawa, William Herzog, State's Atty., Kankakee, for the People.

Justice SLATER delivered the opinion of the court:

The defendant, Donald Brace, was convicted of attempted murder (Ill.Rev.Stat. 1989, ch. 38, par. 8-4(a)) and sentenced to 12 years imprisonment. On appeal, he contends that the State failed to prove beyond a reasonable doubt that he was not justified in the use of deadly force in defense of his son and that the trial judge abused his discretion in imposing sentence. We affirm.

Shortly before 2:00 a.m. on January...

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