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PEOPLE v. RUSHTON

Nos. 2-92-0852, 2-92-0978.

626 N.E.2d 1378 (1993)

254 Ill. App.3d 156

193 Ill.Dec. 827

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard RUSHTON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied February 10, 1994.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Thomas A. Lilien (argued), Asst. Defender, Office of State Appellate Defender, Elgin, for Richard Rushton.

Michael J. Waller, Lake County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, State's Attys. Appellate Service Com'n, 4th Dist., Shirley M. Bagby, 4th Dist. Appellate Defender, Denise M. Ambrose, Sr. Staff Atty., State's Attys. Appellate Service Com'n, Springfield, Martin P. Moltz (argued), State's Atty. Appellate Prosecutor, Elgin, for People.

Justice DOYLE delivered the opinion of the court:

Defendant, Richard Rushton, was convicted of reckless homicide (Ill.Rev.Stat. 1991, ch. 38, par. 9-3 (now codified, as amended, at 720 ILCS 5/9-3 (West 1992))) following a jury trial in the circuit court of Lake County. Defendant was sentenced, pursuant to section 9-3(e) of the Criminal Code of 1961 (Ill.Rev.Stat. 1991, ch. 38, par. 9-3(e) (now 720 ILCS 5/9-3(e) (West 1992...

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