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PEOPLE v. McFEE

No. 1-89-3109.

595 N.E.2d 64 (1992)

230 Ill. App.3d 356

172 Ill.Dec. 1

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Don McFEE, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied June 19, 1992.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender and Ann C. McCallister, Asst. Appellate Defender, Office of the State Appellate Defender, Chicago, for defendant-appellant.

Jack O'Malley, Cook County State's Atty., Chicago (Renee Goldfarb, Susan Smith Snyder, Asst. State's Attys. and Judy L. DeAngelis, Sp. Asst. State's Atty., of counsel), for plaintiff-appellee.

Justice JOHNSON delivered the opinion of the court:

Defendant, Don McFee, and codefendant, Timothy Tolliver, were charged by indictment with armed robbery (Ill.Rev.Stat. 1987, ch. 38, par. 18-2), armed violence (Ill.Rev.Stat.1987, ch. 38, par. 33A-2) and two counts of first degree murder (Ill.Rev. Stat.1987, ch. 38, par. 9-1). The State nolle prossed the counts of felony murder, armed robbery and armed violence. The trial court granted codefendant's severance...

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