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PEOPLE v. BOOKER

No. 1-93-1315.

653 N.E.2d 952 (1995)

274 Ill.App.3d 168

210 Ill.Dec. 757

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Derrick BOOKER, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

July 25, 1995.

Attorney(s) appearing for the Case

Jack O'Malley, State's Atty., County of Cook, Chicago (Renee Goldfarb, Theodore Fotios Burtzos and Susan R. Schierl, of counsel), for appellee.

Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender, Chicago (James E. Chadd, of counsel), for appellant.

Justice DiVITO delivered the opinion of the court:

Following a jury trial, defendant Derrick Booker was convicted of first degree murder and sentenced to 30 years' imprisonment. Defendant did not deny killing the deceased. He claimed he did so in self-defense, a theory heavily dependent on establishing that he feared the deceased. Because he was denied adequate opportunity at trial to present evidence to show his state of mind concerning his fear of the deceased,...

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