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PEOPLE v. CUNDIFF

No. 5-99-0534.

749 N.E.2d 1090 (2001)

322 Ill. App.3d 426

255 Ill.Dec. 608

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

Appellate Court of Illinois, Fifth District.

June 7, 2001.

Attorney(s) appearing for the Case

Sharee S. Langenstein, Capps and Associates, Carbondale, IL, Attorney for Appellant.

Charles Garnati, State's Attorney, Marion, IL; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kevin D. Sweeney, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, Attorneys for Appellee.

Justice HOPKINS delivered the opinion of the court:

A jury found David Cundiff (defendant) guilty but mentally ill of the offense of attempted first-degree murder of a peace officer (720 ILCS 5/8-4(a), 9-1(a), 9-1(b)(1) (West 1998)). The jury also found defendant guilty but mentally ill of attempted first-degree murder and of armed violence; however, the trial court vacated these convictions. The trial court sentenced defendant to 30 years' incarceration on his conviction...

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