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PEOPLE v. BENITEZ

No. 1-93-2786.

645 N.E.2d 478 (1994)

269 Ill.App.3d 182

206 Ill.Dec. 473

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gavino BENITEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied January 23, 1995.

Attorney(s) appearing for the Case

Sam Adam & John R. DeLeon, Chicago, for appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, James E. Fitzgerald, of counsel), for appellee.

Presiding Justice HOFFMAN delivered the opinion of the court:

Defendant, Gavino Benitez, appeals from his conviction for murder and three counts of aggravated battery. He raises the following issues: (1) whether the court lacked jurisdiction over him because the indictment failed to properly charge him with any offense; (2) whether the court's findings were based upon a misapprehension of the evidence; and (3) whether he was otherwise proven guilty beyond a reasonable...

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