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PEOPLE v. DIBBLE

No. 5-99-0131.

739 N.E.2d 578 (2000)

317 Ill.App.3d 252

250 Ill.Dec. 815

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Terry DIBBLE, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

November 7, 2000.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Larry R. Wells, Assistant Defender, Office of the State Appellate Defender, Mount Vernon, for Appellant.

Robert Haida, State's Attorney, Belleville; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Rebecca Sanders, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mount Vernon, for Appellee.

Justice WELCH delivered the opinion of the court:

On April 26, 1996, in the circuit court of St. Clair County, Terry Dibble (defendant) was indicted for the offense of first-degree murder in violation of section 9-1(a)(3) of the Criminal Code of 1961 (Code) (720 ILCS 5/9-1(a)(3) (West 1994)), in that, on or about the ninth day of November 1993, while committing the forcible felony of burglary, he, without lawful justification,

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