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PEOPLE v. ERVIN

No. 1-97-0238.

697 N.E.2d 350 (1998)

297 Ill. App.3d 586

231 Ill.Dec. 796

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ontario ERVIN, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

June 19, 1998.

Attorney(s) appearing for the Case

Elizabeth D. McGoogan, Welsh & Katz, Ltd., Chicago, for Defendant-Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, James E. Fitzgerald, Janet Powers Doyle, Assistant State's Attorneys, of counsel), for Plaintiff-Appellee.

Justice THEIS delivered the opinion of the court:

Defendant, Ontario Ervin, was charged by indictment with first-degree murder pursuant to section 9-1(a)(1) of the Criminal Code of 1961. Ill.Rev.Stat.1989, ch. 38, par. 9-1(a)(1) (now 720 ILCS 5/9-1(a)(1) (West 1996)). Following a jury trial, defendant was convicted and sentenced to 28 years' imprisonment. Defendant now appeals, contending that (1) the State failed to prove him guilty beyond a reasonable doubt; (2...

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