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PEOPLE v. HOLMES

No. 3-92-0052.

616 N.E.2d 1000 (1993)

246 Ill. App.3d 179

186 Ill.Dec. 558

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steven Wayne HOLMES, Defendant-Appellant.

Appellate Court of Illinois, Third District.

As Modified on Denial of Rehearing July 28, 1993.

Attorney(s) appearing for the Case

Mark D. Fisher, Office of the State Appellate Defender, Ottawa, Jim Shadid, Peoria, for Steven Holmes.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Atty., Peoria, Terry A. Mertel, States' Attys. Appellate Prosecutor, Ottawa, for the People.

MODIFIED OPINION UPON THE DENIAL OF THE PETITION FOR REHEARING.

Justice BARRY delivered the Opinion of the court.

A jury convicted the defendant, Steven Wayne Holmes, of murder (720 ILCS 5/9-1(a)(2) (West 1992)). He was thereafter sentenced to 70 years' imprisonment. He appeals, and we reverse and remand.

The record shows that the defendant shook his seven-month old daughter Crystal, thereby causing her death. While the defendant admitted he shook...

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