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PEOPLE v. NITZ

No. 99712.

848 N.E.2d 982 (2006)

219 Ill.2d 400

302 Ill.Dec. 418

The PEOPLE of the State of Illinois, Appellant and Cross-Appellee, v. Richard C. NITZ, Appellee and Cross-Appellant.

Supreme Court of Illinois.

Rehearing Denied May 22, 2006.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, Charles Garnati, State's Attorney, Marion (Gary Feinerman, Solicitor General, Linda D. Woloshin, Anderson M. Gansner, Assistant Attorneys General, Chicago, Norbert J. Goetten, Stephen E. Norris and Kendra S. Peterson, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, of counsel), for the People.

Daniel Kirwan, Deputy Defender, Rita K. Peterson, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, and John J. O'Gara, Jr., Belleville, for appellee and cross-appellant.

Justice GARMAN delivered the judgment of the court, with opinion:

In the second trial in this case, a jury in the circuit court of Williamson County convicted defendant of first degree murder. Ill.Rev.Stat.1987, ch. 38, par. 9-1. The circuit judge found that defendant's crime was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty. Ill.Rev.Stat.1987, ch. 38, par. 1005-8-1(a). Based on this...

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