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PEOPLE v. SLYWKA

No. 1-03-1410.

847 N.E.2d 780 (2006)

365 Ill. App.3d 34

301 Ill.Dec. 770

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Walter B. SLYWKA, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

March 31, 2006.

Attorney(s) appearing for the Case

Office of the State Appellate Defender, Michael J. Pelletier, Deputy Defender, Chicago (Tomas G. Gonzalez, of counsel), for Defendant-Appellant.

State's Attorneys of Cook County, Richard A. Devine, Chicago (Renee Goldfarb, James E. Fitzgerald, Michelle L. Feola, of counsel), for Plaintiff-Appellee.

Presiding Justice GARCIA delivered the opinion of the court:

On December 8, 2000, the defendant, Walter B. Slwyka, was indicted for first degree murder (720 ILCS 5/9-1 (West 2000)). Specifically, that on March 28, 1992, the defendant (1) "intentionally or knowingly shot and killed Jose Roman with a firearm" (See 720 ILCS 5/9-1(a)(1) (West 2000)) (count I), and (2) shot and killed Roman with a firearm "knowing that such shooting with a firearm created a strong probability...

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