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PEOPLE v. POMYKALA

No. 93089.

784 N.E.2d 784 (2003)

203 Ill.2d 198

271 Ill.Dec. 230

The PEOPLE of the State of Illinois, Appellant, v. Thomas POMYKALA, Appellee.

Supreme Court of Illinois.

January 24, 2003.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, Jeff Tomczak, State's Attorney, Joliet (Joel D. Bertocchi, Solicitor General, William L. Browers, Russell K. Benton, Assistant Attorneys General, Chicago, and Norbert J. Goetten, John X. Breslin, Rita Kennedy Mertel, Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

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

Renee Goldfarb, Kenneth T. McCurry, John E. Nowak, Assistant State's Attorneys, Chicago, for amicus curiae Richard A. Devine, Cook County State's Attorney.

Justice GARMAN delivered the opinion of the court:

Following a jury trial in the circuit court of Will County, defendant Thomas Pomykala was convicted of reckless homicide. The appellate court reversed and remanded for a new trial, holding that section 9-3(b) of the Criminal Code of 1961 (Code) (720 ILCS 5/9-3(b) (West 2000)) created an unconstitutional mandatory presumption of recklessness. 326 Ill.App.3d 390,

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