PEOPLE v. HERNANDEZ

No. 1-99-0264.

729 N.E.2d 65 (2000)

312 Ill. App.3d 1032

246 Ill.Dec. 65

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David HERNANDEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

April 12, 2000.


Attorney(s) appearing for the Case

Kenneth N. Flaxman, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, James E. Fitzgerald, and Sari London, of counsel), for Appellee.


Justice WOLFSON delivered the opinion of the court:

This was, as the trial judge said, "* * * a one-witness shooting in the streets of Dixmoor." The court believed the witness' identification testimony and convicted David Hernandez (Hernandez) of first degree murder. On appeal Hernandez contends the prosecution's identification evidence was insufficient to support his conviction. We agree with Hernandez. We reverse his conviction.

FACTS

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