PEOPLE v. ALVARADO

No. 2-05-0050.

848 N.E.2d 269 (2006)

365 Ill. App.3d 216

302 Ill.Dec. 269

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Francisco ALVARADO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 5, 2006.


Attorney(s) appearing for the Case

Michael J. McDermott, William P. Murphy, Chicago, for Fancisco Alvarado.

John A. Barsanti, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Kristine A. Karlin, Mt. Prospect, for the People.


Justice O'MALLEY delivered the opinion of the court:

Following a jury trial in the circuit court of Kane County, defendant, Francisco Alvarado, appeals his conviction of delivery of cocaine within 1,000 feet of a church (720 ILCS 570/401(d), 407(b)(2) (West 2002)). Defendant contends that, during jury selection, the State impermissibly used a peremptory challenge to exclude a potential juror on the basis of her race, in violation of the rule set forth in Batson...

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