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PEOPLE v. DEVIN

No. 53175.

93 Ill.2d 326 (1982)

444 N.E.2d 102

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES DEVIN, Appellant.

Supreme Court of Illinois.

Rehearing denied January 28, 1983.

Attorney(s) appearing for the Case

George P. Lynch and Joseph M. Macellaio, of Chicago, for appellant.

Tyrone C. Fahner, Attorney General, of Springfield (Herbert Lee Caplan, Melbourne A. Noel, Jr., Thomas E. Holum, and Michael B. Weinstein, Assistant Attorneys General, of Chicago, of counsel), for the People.

Judgment affirmed; sentence vacated; cause remanded.

JUSTICE GOLDENHERSH delivered the opinion of the court:

In a jury trial in the circuit court of Du Page County defendant, James Devin, was convicted of the murder of Scott Brunoehler, a fellow inmate in the Du Page County jail. Pursuant to section 9-1(d) of the Criminal Code of 1961 (Ill. Rev. Stat. 1979, ch. 38, par. 9-1(d)) the People requested a sentencing hearing. The jury found that there were present...

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