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PEOPLE v. DURHAM

No. 2-97-0368.

708 N.E.2d 1249 (1999)

303 Ill. App.3d 763

237 Ill.Dec. 209

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Byron M. DURHAM, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 31, 1999.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court appointed), Office of the State Appellate Defender, Elgin, Karen L. Daniel (Court appointed), Oak Park, for Byron M. Durham.

David R. Akemann, Kane County State's Atty., St. Charles, Martin P. Moltz, Deputy Director, State's Attys. Appellate Prosecutor, Elgin, Daniel N. Malato, Cary, for People.

Justice McLAREN delivered the opinion of the court:

Defendant, Byron M. Durham, appeals from his convictions of first-degree murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 1996)) and aggravated battery with a firearm (720 ILCS 5/12-4.2(a)(1) (West 1996)) and his consecutive sentences of 27 years' imprisonment for murder and 9 years for aggravated battery with a firearm. We affirm as modified.

At approximately 3:30...

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