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PEOPLE v. BOYD

No. 4-04-0289.

825 N.E.2d 364 (2005)

356 Ill. App.3d 254

292 Ill.Dec. 108

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Albert BOYD, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

March 16, 2005.

Attorney(s) appearing for the Case

Daniel M. Kirwan and Dan W. Evers (argued), both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

John P. Schmidt, State's Attorney, of Springfield (Norbert J. Goetten, Robert J. Biderman, and Anastacia R. Brooks (argued), all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Presiding Justice COOK delivered the opinion of the court:

In April 1996, a jury convicted defendant, Albert Boyd, of the first degree felony murder (720 ILCS 5/9-1(a)(3) (West 1994)) of Amanda Mulry. In June 1996, the trial court sentenced him to 50 years' imprisonment. On appeal of the December 2003 second-stage dismissal of his postconviction petition, he argues his first degree murder conviction must be vacated because of the Supreme Court of Illinois's decision...

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