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PEOPLE v. NIEVES

No. 84564.

737 N.E.2d 150 (2000)

192 Ill.2d 487

249 Ill.Dec. 760

The PEOPLE of the State of Illinois, Appellee, v. Hector NIEVES, Appellant.

Supreme Court of Illinois.

Rehearing Denied October 2, 2000.

Attorney(s) appearing for the Case

Charles Schiedel, Deputy Defender, of Springfield, and Steven Clark, Assistant Defender, of Chicago, both of the Office of the State Appellate Defender, for appellant.

James E. Ryan, Attorney General, of Springfield, and Richard A. Devine, State's Attorney, of Chicago (William L. Browers, Assistant Attorney General, of Chicago, and Renee Goldfarb, Linda Woloshin, Michelle Katz, Sally Dilgart and Hareena Meghani-Wakely, Assistant State's Attorneys, of counsel), for the People.

Justice RATHJE delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant, Hector Nieves, was convicted of first degree murder (720 ILCS 5/9-1(a)(1) (West 1992)). The same jury found that defendant was eligible for the death penalty and that there were no mitigating factors sufficient to preclude the death penalty. Accordingly, the trial court sentenced defendant to death. Defendant's execution has been stayed pending...

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