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PEOPLE v. BANKS

No. 72752.

641 N.E.2d 331 (1994)

161 Ill.2d 119

204 Ill.Dec. 107

The PEOPLE of the State of Illinois, Appellee, v. Randy BANKS, Appellant.

Supreme Court of Illinois.

Rehearing Denied October 3, 1994.

Attorney(s) appearing for the Case

Charles M. Schiedel, Deputy Defender, and Jon E. McPhee, Asst. Defender, Office of State Appellate Defender, Springfield, for appellant.

Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee G. Goldfarb, William L. Toffenetti and Veronica Calderon, Asst. State's Attys., of counsel), Chicago, for the People.

Chief Justice BILANDIC delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant, Randy Banks, was convicted of the murder of 16-month-old Veronica Hurley. (Ill.Rev.Stat.1985, ch. 38, par. 9-1(a)(1).) The jury found defendant eligible for the death penalty based upon the statutory aggravating factor of murder of an individual under 12 years of age that resulted from exceptionally brutal or heinous behavior

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