PEOPLE v. DEKENS

No. 82839.

695 N.E.2d 474 (1998)

182 Ill.2d 247

230 Ill.Dec. 984

The PEOPLE of the State of Illinois, Appellant, v. Cody DEKENS, Appellee.

Supreme Court of Illinois.

Rehearing Denied June 1, 1998.


Attorney(s) appearing for the Case

State's Attorneys Appellate Pros. of Ottawa, Third Judicial District, Ottawa, Kartik K. Raman, Assistant Attorney General, Chicago, State's Attorney of Kankakee County, Kankakee, for the People.

State Appellate Defender of Ottawa, Ottawa, Ronald S. Packowitz, Office of the State Appellate Defender, Chicago, for Cody Dekens.


Justice MILLER delivered the opinion of the court:

This appeal presents the question whether a defendant may be charged with first degree murder, on a felony-murder theory, when the decedent is a cofelon who is killed by an intended victim of the defendant and cofelon.

The defendant was charged in the circuit court of Kankakee County with murder, criminal drug conspiracy, and attempted armed robbery. Prior to trial, the defendant moved to dismiss the murder...

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