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eBook details

• Title: People v. Frias
• Author : Supreme Court of Illinois
• Release Date : January 16, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Two armed men shot and killed Alfredo Torres on a street in Chicago on the evening of November 8, 1979, as he left his home to move his automobile which had been parked on the street. As a result of this killing, the defendant, Ruben Frias, was charged by information filed by the State's Attorney of Cook County with two counts of murder. One count was based on a violation of section 9-1(a)(1) of the Criminal Code of 1961, and the other count was based on section 9-1(a)(2) of the Criminal Code of 1961 (Ill. Rev. Stat. 1979, ch. 38, pars. 9-1(a)(1), 9-1(a)(2)). Frias was also charged with one count of armed violence based on the felony of murder. (Ill. Rev. Stat. 1979, ch. 38, par. 33A-2.) He was tried separately from a co-offender, Fernando Fernandez. The jury found Frias not guilty of murder; however, it found him guilty of armed violence based on having committed murder while armed. He was sentenced to 15 years' imprisonment. The appellate court reversed, holding that the armed-violence conviction was improper because the predicate felony, murder, was an essential element of the armed-violence charge, which was required to be proved by the State in order to sustain the conviction of armed violence. (109 Ill. App.3d 888.) We granted the State's petition for leave to appeal.

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