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PEOPLE v. DAVIS

No. 2-03-0391.

816 N.E.2d 1127 (2004)

352 Ill. App.3d 570

287 Ill.Dec. 916

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Wayne A. DAVIS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 4, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Paul J. Glaser (Court-appointed), Office of the State Appellate Defender, Elgin, for Wayne A. Davis.

Meg Gorecki, Kane County State's Attorney, Mary Katherine Moran, Special Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Diane L. Campbell, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice GILLERAN JOHNSON delivered the opinion of the court:

Following a jury trial, the defendant, Wayne Davis, was found guilty of involuntary manslaughter (720 ILCS 5/9-3(a) (West 2000)). 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, the trial court ruled that the offense was elevated from a Class 3 felony to a Class 2...

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