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PEOPLE v. THOMAS

No. 1-02-0318.

821 N.E.2d 628 (2004)

354 Ill. App.3d 868

290 Ill.Dec. 316

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Duel THOMAS, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

As Modified Upon Denial of Rehearing December 13, 2004.

Rehearings Denied December 6, 2004 and January 28, 2005.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Robert Hirschhorn, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, James E. Fitzgerald and Janet C. Mahoney, Assistant State's Attorneys, of counsel), for Appellee.

OPINION MODIFIED ON DENIAL OF REHEARING

Justice CAHILL delivered the modified opinion of the court:

Defendant Duel Thomas was convicted of first degree murder (720 ILCS 5/9-1(a)(1) (West 2000)) and aggravated kidnaping (720 ILCS 5/10-2(a)(1) (West 2000)) after a jury trial. He was sentenced to 60 years' imprisonment for murder and 30 years for aggravated kidnaping, to be served concurrently. Defendant appeals, claiming he is entitled to a new trial because...

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