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PEOPLE v. DeBORD

No. 2-02-0226.

800 N.E.2d 809 (2003)

344 Ill. App.3d 321

279 Ill.Dec. 521

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joshea A. DeBORD, Defendant-Appellant.

Appellate Court of Illinois, Second District.

As Modified Upon Denial of Rehearing September 3, 2003.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Mark G. Levine, Office of the State Appellate Defender, Elgin, for Joshua A. DeBord.

Glen R. Weber, JoDaviess County State's Attorney, Galena, Martin P. Moltz, Deputy Director, Sally A. Swiss, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice BYRNE delivered the modified opinion of the court:

A jury found defendant, Joshea A. DeBord, guilty of involuntary manslaughter (720 ILCS 5/9-3(a) (West 2000)). The jury also found that the victim was less than 12 years old. At the sentencing hearing, the trial court found that the victim was a "family or household member" (725 ILCS 5/112A-3(3) (West 2000)). Based only on the family-or-household-member finding,...

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