OPINION
Justice FREEMAN delivered the judgment of the court, with opinion.
Defendant, Andre Richardson, was charged in the circuit court of Cook County with first degree murder (720 ILCS 5/9-1 (a)(1), (a)(2) (West 2000)). Following a jury trial, defendant was convicted as charged and sentenced to a prison term of 40 years. The appellate court reversed defendant's conviction and remanded for a new trial. 376 Ill.App.3d 537, 314 Ill.Dec. 915,
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