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PEOPLE v. VELEZ

No. 1-10-1325.

967 N.E.2d 433 (2012)

359 Ill. Dec. 703

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Samuel VELEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied April 16, 2012.

Attorney(s) appearing for the Case

Michael J. Pelletier , State Appellate Defender, Alan D. Goldberg , Deputy Defender, Sarah Curry , Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Anita M. Alvarez , State's Attorney, Chicago ( Alan J. Spellberg , Mary L. Boland , Tasha-Marie Kelly , Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice FITZGERALD SMITH delivered the judgment of the court, with opinion.

¶ 1 After a jury trial, defendant Samuel Velez was convicted of child abduction and sentenced to two years' incarceration. On appeal, defendant contends: (1) he was denied his due process rights due to a permissive presumption contained in a jury instruction given to the jury; (2) the child abduction statute under which defendant...

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