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PEOPLE v. SCHMIDT

No. 1-06-2563.

924 N.E.2d 998 (2009)

392 Ill. App.3d 689

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael SCHMIDT, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

June 17, 2009.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Appellate Defender, Anne E. Carlson, Asst. Appellate Defender, Chicago, for Appellant.

Richard A. Devine, Cook County State's Attorney (James E. Fitzgerald, Alan J. Spellberg and Ramune Rita Kelecius, Assistant State's Attorneys, of counsel), Chicago, for Appellee.

Presiding Justice MURPHY delivered the opinion of the court on rehearing:

Defendant, Michael Schmidt, was convicted of felony murder, aggravated possession of a stolen motor vehicle, and aggravated battery after he fled from the police in a stolen sport utility vehicle (SUV) and struck a family that was crossing the street, killing six-year-old Alexander Diaz and injuring four other members of the Diaz family. Defendant was sentenced to concurrent terms of 40 years...

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