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PEOPLE v. SIMMONS

No. 2-00-0695.

770 N.E.2d 1271 (2002)

331 Ill. App.3d 416

264 Ill.Dec. 575

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dana D. SIMMONS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 12, 2002.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Kim M. DeWitt (Courtappointed), Office of the State Appellate Defender, Elgin, for Dana D. Simmons.

Paul A. Logli, Winnebago County State's Attorney, Rockford, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephen E. Norris, Deputy Director, Patrick D. Daly, State's Attorneys Appellate Prosecutor, Mt. Vernon, for the People.

Presiding Justice HUTCHINSON delivered the opinion of the court:

In 1996 a jury convicted defendant, Dana D. Simmons, of the offense of first-degree murder (720 ILCS 5/9-1(a)(1) (West 1994)). The trial court imposed a sentence of 80 years' imprisonment. Defendant appealed, and this court reversed his conviction and remanded the cause for a new trial. See People v. Simmons, No. 2-96-1077, 297 Ill.App.3d 1133, 250 Ill.Dec. 92, 737 N.E.2d 714 (August 24, 1998...

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