People v. Quevedo

State: Illinois

Court: 2nd District Appellate

Docket No: 2-08-0569 Rel

Case Date: 07/16/2010

Preview:No. 2-08-0569 Filed: 7-16-10 _________________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT _________________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Kane County. ) Plaintiff-Appellee, ) ) v. ) No. 04--CF--420 ) NOEL QUEVEDO, ) Honorable ) Grant S. Wegner, Defendant-Appellant. ) Judge, Presiding. _________________________________________________________________________________ JUSTICE BURKE delivered the opinion of the court: Following a bench trial, defendant, Noel Quevedo, was convicted of the first-degree murder of his eight-month-old son, Alex. See 720 ILCS 5/9--1(a)(2) (West 2004). The trial court imposed a mandatory term of life imprisonment. See 730 ILCS 5/5--8--1(a)(1)(c)(ii) (West 2004). The State's theory of the case was that defendant shook Alex to death. Defendant denied shaking Alex and argued that the baby suffered a seizure caused by brain damage from neonatal meningitis. On appeal, defendant argues that (1) we must grant a new trial because the trial court erroneously admitted inculpatory statements that the police obtained in violation of defendant's right to counsel under Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 486 S. Ct. 1602 (1966), and Edwards v. Arizona, 451 U.S. 477, 68 L. Ed. 2d 378, 101 S. Ct. 1880 (1981); (2) we must reverse the conviction because the State failed to prove the requisite mental state; and (3) even if we affirm the finding of guilt, we must vacate the sentence and remand the cause for a new sentencing hearing

No. 2--08--0569 because defendant's life sentence violates the single-subject rule of the Illinois Constitution (Ill. Const. 1970, art. IV,

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