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PEOPLE v. CABALLERO

No. 88784.

794 N.E.2d 251 (2002)

206 Ill.2d 65

276 Ill.Dec. 356

The PEOPLE of the State of Illinois, Appellee, v. Juan CABALLERO, Appellant.

Supreme Court of Illinois.

October 18, 2002.

Attorney(s) appearing for the Case

Juliet Yackel, Chicago, and Erika Cunliffe, Cleveland Heights, Ohio, both of the Office of the State Appellate Defender, for appellant.

Richard A. Devine, State's Attorney, Chicago (Renee Goldfarb and Marie Quinlivan Czech, Assistant State's Attorneys, of counsel), for the People.

Jeffrey Urdangen, Chicago (Sandra L. Babcock, Minneapolis, Minnesota, of counsel), for amicus curiae United Mexican States.

Justice GARMAN delivered the opinion of the court:

Late on a February night in 1979, three teenaged boys left an all-night diner in Chicago. On their way out of the restaurant, one of them approached a group of four others in an attempt to purchase marijuana. Not knowing that the four were members of the Latin Kings, he falsely claimed membership in a rival gang, the Latin Eagles. Before the night was over, the three were...

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