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PEOPLE v. LEMKE

No. 5-07-0064.

892 N.E.2d 1213 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth R. LEMKE, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied August 28, 2008.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Lawrence J. O'Neill, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

Brian T. Shinkle, State's Attorney, Albion; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Sharon Shanahan, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice WEXSTTEN delivered the opinion of the court:

Following a jury trial in the circuit court of Edwards County, the defendant, Kenneth R. Lemke, was convicted of first-degree murder (720 ILCS 5/9-1(a)(2) (West 2000)). On appeal from his conviction, the defendant argues that his murder conviction should be reduced to involuntary manslaughter (720 ILCS 5/9-3(a) (West 2000)) and that, alternatively, he should be granted...

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