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PEOPLE v. STARKS

No. 3-94-0308.

679 N.E.2d 764 (1997)

287 Ill. App.3d 1035

223 Ill.Dec. 313

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David STARKS, Defendant-Appellant.

Appellate Court of Illinois, Third District.

As Modified April 15, 1997.

Attorney(s) appearing for the Case

Kenneth D. Brown, Office of the State Appellate Defender, Ottawa, for David Starks.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, James Glasgow, Will County State's Attorney, Joliet, Gary F. Gnidovec, States' Attorneys Appellate Prosecutor, Ottawa, for People.

OPINION

MICHELA, Justice.

In July 1989, defendant, inmate David Starks, along with inmates Salvatore Giancana and William Cabrera, were charged by indictment with two Counts of first degree murder (720 ILCS 5/9-1(a) (West 1992)) for the death of a Stateville prison guard, Lawrence A. Kush, Jr. (the victim). A Will County jury convicted defendant of both Counts. The jury directed the court not to impose the death penalty, and the court sentenced defendant...

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