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PEOPLE v. HORTON

No. 3-91-0311.

598 N.E.2d 452 (1992)

233 Ill. App.3d 22

174 Ill.Dec. 255

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James HORTON, Defendant-Appellant.

Appellate Court of Illinois, Third District.

August 19, 1992.

Attorney(s) appearing for the Case

Dan W. Evers, Office of the State Appellate Defender, Mount Vernon, for James Horton.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Atty., Peoria, Judith Z. Kelly, State's Attys. Appellate Prosecutor, Ottawa, for the People.

Justice McCUSKEY delivered the opinion of the court:

Defendant, James Horton, was convicted of first degree murder (Ill.Rev.Stat.1989, ch. 38, par. 9-1(a)(2)) and sentenced to 28 years in prison.

On appeal, defendant contends: (1) the Illinois first degree murder statute is unconstitutional; (2) his conviction for first degree murder should be reduced to second degree murder; and (3) the prison sentence was excessive. We disagree and affirm the conviction...

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