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PEOPLE v. HERNANDEZ

No. 1-04-0074.

840 N.E.2d 1254 (2005)

362 Ill. App.3d 779

298 Ill.Dec. 819

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Javier HERNANDEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied January 11, 2006.

Attorney(s) appearing for the Case

Thomas R. Bennett, Chicago (Thomas R. Bennett, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (James E. Fitzgerald, Annette Collins and Maureen McGee, of counsel, Assistant State's Attorneys, of counsel), for Appellee.

Presiding Justice QUINN delivered the opinion of the court:

Defendant Javier Hernandez was convicted of first degree murder (720 ILCS 5/9-1(a)(1) (West 2002)), and sentenced to 40 years in the Illinois Department of Corrections. On appeal, defendant argues (1) the circuit court erred in admitting into evidence his videotaped statement, which he claims was improperly obtained after he had invoked his right to remain silent; (2) his trial counsel was ineffective because...

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