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PEOPLE v. VIRELLA

Nos. 1-91-1527, 1-91-1528.

628 N.E.2d 268 (1993)

256 Ill. App.3d 635

194 Ill.Dec. 771

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Hector VIRELLA and Roberto Virella, Defendants-Appellants.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied December 2, 1993.

Attorney(s) appearing for the Case

Lynda J. Khan & Associates, Chicago (Lynda J. Khan, of counsel) and O'Keefe, Lewis & Bruno, P.C., Skokie (John Lewis, of counsel), for defendants-appellants.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Christine Cook and Michael Bonaguro, of counsel), for plaintiff-appellee.

Justice HARTMAN delivered the opinion of the court:

In a simultaneous bench trial, defendant, Hector Virella, and codefendant, Roberto Virella, were convicted of first degree murder for the drive-by shooting death of Antonio Pacheco. Hector was sentenced to 22 years in custody of the Department of Corrections; Roberto, 33 years. Both appeal, presenting as issues for review whether (1) the circuit court applied the wrong standard of proof in finding them guilty, (2...

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