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PEOPLE v. RUSH

No. 5-99-0092.

757 N.E.2d 88 (2001)

322 Ill. App.3d 1014

258 Ill.Dec. 703

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert RUSH, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

May 11, 2001.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, Peter A. Carusona, Assistant Defender, Office of the State Appellate Defender, Ottawa, for Appellant.

James Creason, State's Attorney, Marion County, Salem (Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Gerry R. Arnold, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, of counsel), Mt. Vernon, for the People.

Justice WELCH delivered the opinion of the court:

On November 9, 1995, a Marion County jury found Robert Rush (defendant) guilty of first-degree murder. On January 5, 1996, at defendant's sentencing hearing, the trial judge found the murder "exceptionally brutal and heinous * * * indicative of wanton cruelty" and sentenced defendant to an extended-term sentence of 75 years in the Illinois Department of Corrections. On direct...

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