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PEOPLE v. DOMINGUEZ

No. 2-01-0366.

773 N.E.2d 1167 (2002)

331 Ill. App.3d 1006

266 Ill.Dec. 97

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ramon DOMINGUEZ, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied July 30, 2002.

Attorney(s) appearing for the Case

Jed H. Stone, John Curnyn, Stone & Associates, Waukegan, for Ramon Dominguez.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Kristine A. Karlin, Mt. Prospect, for the People.

Justice CALLUM delivered the opinion of the court:

Following a jury trial, defendant, Ramon Dominguez, was convicted of first-degree murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 1998)). He was sentenced to 28 years' imprisonment. He appeals, arguing that (1) his counsel and the trial court erred in failing to instruct the jury on the lesser included offense of involuntary manslaughter (720 ILCS 5/9-3(a) (West 1998)); and (2) he was entitled to a hearing on his fitness...

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