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PEOPLE v. KENNEDY

No. 1-00-4061.

782 N.E.2d 864 (2002)

336 Ill. App.3d 425

270 Ill.Dec. 305

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mark KENNEDY, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

December 20, 2002.

Attorney(s) appearing for the Case

Michael J. Pelletier, Office of the State Appellate Defender, Chicago (Christopher W. Buckley, of counsel), for Appellant.

Richard A. Devine, Cook County State's Attorney, Chicago (Renee Goldfarb, Patrick J. Enright and Susan R. Schierl Sullivan, of counsel), for Appellee.

Justice FROSSARD delivered the opinion of the court:

Defendant Mark Kennedy entered an open plea of guilty to first degree murder for the beating death of the victim, D.H., a two-year-old boy. The State sought imposition of the death penalty based on the fact that the victim was under 12 years of age and the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty. Defendant waived a jury for the penalty phase. The State introduced...

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