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PEOPLE v. MARSHALL

No. 5-11-0430.

2013 IL App (5th) 110430

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MARCUS MARSHALL, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Decision filed September 13, 2013.

Attorney(s) appearing for the Case

Steven A. Greenberg , Sean O'Malley , Steven A. Greenberg and Associates, Ltd., 53 W. Jackson Blvd., Suite 1260, Chicago, IL 60604, Attorneys for Appellant.

Hon. Charles Garnati , State's Attorney, Williamson County Courthouse, Marion, IL 62959; Patrick Delfino , Director, Stephen E. Norris , Deputy Director, Patrick D. Daly , Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Fifth District Office, 730 E. Illinois Hwy 15, Suite 2, P.O. Box 2249, Mt. Vernon, IL 62864, Attorneys for Appellee.

Justices Chapman and Wexstten concurred in the judgment and opinion.

OPINION

JUSTICE GOLDENHERSH delivered the judgment of the court, with opinion.

¶ 1 Defendant, Marcus Marshall, argues on appeal that he was denied a fair trial by the State's racially based evidence and arguments. The State has filed a confession of error. We find the defendant's contentions and the State's confession to be well-taken. For the reasons that follow, we reverse and remand the cause for a new trial.

¶ 2 BACKGROUND

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