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PEOPLE v. BROWN

No. 1-91-0999.

625 N.E.2d 100 (1993)

252 Ill. App.3d 377

192 Ill.Dec. 140

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steven BROWN, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

August 12, 1993.

Attorney(s) appearing for the Case

Rita A. Fry, First Asst. Public Defender of Cook County (Millicent Willis, Asst. Public Defender, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty., County of Cook (Renee Goldfarb, Matthew L. Moodhe & Jillian Cerone-Marisie, Asst. State's Attys., of counsel), for plaintiff-appellee.

Justice HOFFMAN delivered the opinion of the court:

The defendant, Steven Brown, appeals from a jury verdict finding him guilty of murder (Ill.Rev.Stat.1985, ch. 38, par. 9-1(a)(1)) but mentally ill. He raises the following issues: (1) whether the trial judge improperly shifted the burden of proof to the defendant during the fitness restoration hearing, erroneously relied on the presumption of fitness, and abused his discretion in finding that the defendant was fit...

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