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PEOPLE v. RIOS

No. 1-99-2797.

742 N.E.2d 409 (2000)

318 Ill.App.3d 354

252 Ill.Dec. 159

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Guadalupe RIOS, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

December 27, 2000.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Sarah M. Jacoby, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Theodore F. Burtzos, and Hareena Meghani-Wakely, of counsel), for Appellee.

Justice WOLFSON delivered the opinion of the court:

On April 12, 1998, outside a bar on the south side of Chicago, Guadalupe Rios (Rios) shot and killed Pablo Fernandez (Fernandez). Rios was charged with first degree murder. A jury found him guilty and he was sentenced to thirty years.

At trial, Rios did not deny firing the fatal shot. He contended he fired in self-defense. The trial judge agreed to instruct the jury on the law of self-defense, but he gave...

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