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PEOPLE v. HAYES

No. 1-90-0115.

593 N.E.2d 739 (1992)

229 Ill. App.3d 55

170 Ill.Dec. 850

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Eddie HAYES, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

April 29, 1992.

Attorney(s) appearing for the Case

Office of the State Appellate Defender, Alan D. Goldberg, Chicago, for defendant-appellant.

Jack O'Malley, State's Atty., County of Cook Chicago (Renee Goldfarb, Kenneth T. McCurry and Barbara Bailey's of counsel), for plaintiff-appellee.

Justice CERDA delivered the opinion of the court:

Following a bench trial, defendant, Eddie Hayes, was convicted of first degree murder (Ill.Rev.Stat.1987, ch. 38, par. 9-1) of his seven-year-old son and sentenced to 25 years' imprisonment. On appeal, defendant asserts that (1) he received ineffective assistance of counsel because his defense counsel, who was under the mistaken assumption that the State had the burden of proving his sanity beyond a reasonable doubt...

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