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PEOPLE v. TORRES

No. 2-97-1104.

712 N.E.2d 835 (1999)

305 Ill. App.3d 679

238 Ill.Dec. 731

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Brian C. TORRES, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Opinion Modified on Denial of Rehearing June 23, 1999.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court appointed), Office of the State Appellate Defender, Elgin, Charles M. Schiedel, Deputy Defender and Allen H. Andrews (Court appointed), Office of the State Appellate Defender, Springfield, for Brian C. Torres.

David R. Akemann, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Elizabeth H. Hayashi, Quincy, for the People.

Modified Upon Denial of Rehearing

Justice GEIGER delivered the opinion of the court:

The defendant, Brian C. Torres, appeals from the October 15, 1997, order of the circuit court of Kane County denying his postconviction petition for a new trial. The defendant filed his petition after he was convicted by a jury of one count of first degree murder (Ill.Rev.Stat.1989, ch. 38, par. 9-1(a)(1)) and two counts each of attempted murder (Ill.Rev.Stat.1989, ch. 38...

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