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PEOPLE v. LOPEZ

Nos. 75467, 75798.

655 N.E.2d 864 (1995)

166 Ill.2d 441

211 Ill.Dec. 481

The PEOPLE of the State of Illinois, Appellee, v. Denis LOPEZ, Appellant. The PEOPLE of the State of Illinois, Appellee, v. Juan CRUZ, Appellant.

Supreme Court of Illinois.

Rehearing Denied October 2, 1995.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender, Chicago (Beth I. Solomon and Vicki Rogers, Assistant Public Defenders, of counsel), for appellant in No. 75467.

Rita A. Fry, Public Defender, Chicago (Stephanie L. Ellbogen, Assistant Public Defender, of counsel), for appellant in No. 75798.

Roland W. Burris, Attorney General, Springfield, and Jack O'Malley, State's Attorney, Chicago (Arleen C. Anderson, Assistant Attorney General, Chicago, and Renee Goldfarb, Theodore Fotios Burtzos and Annette Collins, Assistant State's Attorneys, of counsel), for the People.

Justice NICKELS delivered the opinion of the court.

These consolidated appeals present separate issues concerning the existence of the offense of attempted second degree murder in Illinois. In cause No. 75467, defendant Denis Lopez was convicted after a jury trial of attempted first degree murder and armed violence. Lopez requested an instruction on the crime of attempted second degree murder based on provocation, but the trial and appellate courts found that no such...

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