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PEOPLE v. STIFF

No. 5-07-0189.

904 N.E.2d 1174 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Benjamin STIFF and Joey Ragusa, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

March 23, 2009.

Attorney(s) appearing for the Case

William A. Mudge, State's Attorney, Edwardsville, IL, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Peterson, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, Attorneys for Appellant.

Rita K. Peterson, Deputy Defender, Michelle A. Zalisko, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, IL, (counsel for Benjamin Stiff); Steven D. Griffin, East Alton, IL, (counsel for Joey Ragusa), for Appellees.

Justice SPOMER delivered the opinion of the court:

The defendants, Benjamin Stiff and Joey Ragusa, were charged separately with attempted murder (720 ILCS 5/8-4(a) (West 2004)), but the charges were upgraded to first-degree murder (720 ILCS 5/9-1(a)(1) (West 2004)) after the victim, James Garrison, died of his injuries. James was doused with gasoline, was set on fire, and died approximately seven weeks later. The State appeals from pretrial orders of the circuit court...

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