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PEOPLE v. TOLBERT

No. 1-02-3514.

820 N.E.2d 6 (2004)

354 Ill. App.3d 94

289 Ill.Dec. 498

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Vernon TOLBERT, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied December 15, 2004.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy State Appellate Defender (Jennifer Y. Wu, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County (Renee Goldfarb, Mary L. Boland, and Leanna Baly, of counsel), for Appellee.

Justice McNULTY delivered the opinion of the court:

A jury found defendant, Vernon Tolbert, guilty of first degree murder committed by personally discharging a firearm. The trial court sentenced defendant to a term of 40 years for the murder, with 25 years added pursuant to subsection 5-8-1(a)(1), (d)(iii) of the Unified Code of Corrections (subsection (d)(iii)) (730 ILCS 5/5-8-1(a)(1), (d)(iii) (West 2000)), for a total sentence of 65 years in prison. We find the...

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