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PEOPLE v. McCULLUM

No. 1-05-3260.

897 N.E.2d 787 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Brian McCULLUM, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied November 24, 2008.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Patrick E. Cassidy, Appellate Defender, Chicago, IL, for Appellant.

Richard A. Devine, Cook County State's Attorney, James E. Fitzgerald, Peter Fischer, Assistant State's Attorneys, of Counsel, Chicago, IL, for Appellee.

Presiding Justice MURPHY delivered the opinion of the court:

Following a bench trial, defendant, Brian McCullum, was found guilty of first degree murder but mentally ill (720 ILCS 5/9-1(a)(1), 6-2(c) (West 2004)) for the November 1, 2002, shooting death of Mario Davey. The victim was shot five times by defendant while working as a security guard at the White Castle restaurant located at 1550 East 79th Street, Chicago, Illinois. Defendant was sentenced to 45 years...

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