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PEOPLE v. MATA

No. 2-03-0446.

853 N.E.2d 110 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bernina MATA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied August 30, 2006.

Attorney(s) appearing for the Case

Charles M. Schiedel, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Springfield, Alan Raphael (Court-appointed), Loyola University Chicago School of Law, Chicago, for Bernina Mata.

Lisa Madigan, James E. Ryan, Attorney Generals, Joel D. Bertocchi, William L. Browers, Linda D. Woloshin, Colleen M. Griffin, Assistant Attorneys General, Gary S. Feinerman, Solicitor General, Chicago, for the People.

Andrea D. Lyon, DePaul College of Law, Jack Rimland, Law Office of Jack P. Rimland, Chicago, amicus curiae Illinois Association of Criminal Defense Attorneys.

Jeffrey M. Howard, Assistant Public Defender (Court-appointed), Chicago, amicus curiae Public Defender of Cook County.

Justice GILLERAN JOHNSON delivered the opinion of the court:

Following a jury trial, the defendant, Bernina Mata, was convicted of first degree murder (720 ILCS 5/9-1(a)(2) (West 1998)). The same jury found the defendant eligible for the death penalty pursuant to section 9-1(b)(11) of the Criminal Code of 1961 (the Criminal Code) (720 ILCS 5/9-1(b)(11) (West 1998)) and determined that there were no mitigating factors sufficient to preclude the imposition of that sentence...

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