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PEOPLE v. BELLMYER

No. 92323.

771 N.E.2d 391 (2002)

199 Ill.2d 529

264 Ill.Dec. 687

The PEOPLE of the State of Illinois, Appellant, v. David BELLMYER, Appellee.

Supreme Court of Illinois.

May 23, 2002.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, Marshall E. Douglas, State's Attorney, Rock Island (Joel D. Bertocchi, Solicitor General, William L. Browers, Jay Paul Hoffmann, Assistant Attorneys General, Chicago, Norbert J. Goetten, John X. Breslin, Gary F. Gnidovec, Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Robert J. Agostinelli, Deputy Defender, Carrie B. Marche, Assistant Defender, Office of the State Appellate Defender, Ottawa, for appellee.

Justice FREEMAN delivered the opinion of the court:

Defendant, David Bellmyer, was charged with first degree murder (720 ILCS 5/9-1(a) (West 1998)) in the circuit court of Rock Island County. Defendant raised the affirmative defense of insanity. After the parties presented evidence in a stipulated bench trial, the trial court found that the stipulated evidence was insufficient to make a decision regarding defendant's insanity defense. Defendant moved to dismiss the...

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