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PEOPLE v. GARCIA

No. 84-2755.

156 Ill. App.3d 417 (1987)

509 N.E.2d 600

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RAUL GARCIA, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed May 27, 1987.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Andrea Monsees and Judith A. Stewart, Assistant Public Defenders, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry, Paula M. Carstensen, and Bonnie Meyer Sloan, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE RIZZI delivered the opinion of the court:

Following a bench trial, defendant, Raul Garcia, was found guilty but mentally ill of attempted murder, four counts of aggravated battery, and two counts of armed violence. Defendant was sentenced to a term of 12 years for attempted murder. On appeal defendant argues that the State failed to sustain its burden of proof with regard to his defense of insanity. We reverse and remand.

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