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PEOPLE v. BOGAN

No. 2-98-1065.

732 N.E.2d 643 (2000)

314 Ill. App.3d 173

247 Ill.Dec. 588

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sharlean Lewis BOGAN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 21, 2000.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Alison J. Norwood, Streamwood, for Sharlean Lewis Bogan.

David R. Akemann, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, John X. Breslin, Deputy Director, Terry A. Mertel, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice COLWELL delivered the opinion of the court:

Following a jury trial, defendant, Sharlean Lewis Bogan, was convicted of first-degree murder (720 ILCS 5/9-1(a)(2) (West 1996)) in connection with the stabbing death of her husband, Karl A. Bogan (Karl). The circuit court of Kane County subsequently sentenced defendant to a prison term of 38 years. Defendant now appeals, contending (a) that the second-degree murder instruction tendered to the jury (see Illinois...

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