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PEOPLE v. GILYARD

No. 2-90-1206.

621 N.E.2d 625 (1993)

251 Ill. App.3d 117

190 Ill.Dec. 453

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael L. GILYARD, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 1, 1993.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Ingrid L. Moller, Office of the State Appellate Defender, Elgin, for Michael Gilyard.

Michael J. Waller, Lake County State's Atty., Waukegan, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, David A. Bernhard (argued), State's Atty. Appellate Prosecutor, Elgin, for the People.

Justice DOYLE delivered the opinion of the court:

We reexamine our previous opinion in this case pursuant to a supervisory order of the Illinois Supreme Court. In our initial review, defendant, Michael Gilyard, appealed his convictions of felony murder (Ill. Rev.Stat.1989, ch. 38, par. 9-1(a)(3) (now codified, as amended, at 720 ILCS 5/9-1(a)(3) (West 1992))) and home invasion (Ill. Rev.Stat.1989, ch. 38, par. 12-11(a)(2) (now 720 ILCS 5/12-11(a)(2) (West 1992)))...

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