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People v. Lane
State: Illinois
Court: 5th District Appellate
Docket No: 5-98-0164 Rel
Case Date: 02/16/2001

Notice
Decision filed 02/16/01.  The text of
this decision may be changed or 
corrected prior to the filing of a 
Petition for Rehearing or the
disposition of the same.

NO. 5-98-0164

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

_____________________________________________________________________________

THE PEOPLE OF THE STATE OF ILLINOIS,) Appeal from the
) Circuit Court of
Plaintiff-Appellee,) St. Clair County.
)
                         ) No. 91-CF-881
)
THERESALANE,) Honorable
) James M. Radcliffe, III,
Defendant-Appellant.) Judge, presiding.


_____________________________________________________________________________



JUSTICE GOLDENHERSH delivered the opinion of the court:

Theresa Lane (defendant) was convicted of first-degree murder on December 19,1997. The conviction stemmed from the death of Jerry Lane, defendant's husband, onDecember 20, 1989, in the basement of his and defendant's abode. On July 22, 1991,defendant was charged by way of information with first-degree murder (Ill. Rev. Stat. 1989,ch. 38, par. 9-1 (now see 720 ILCS 5/9-1 (West 1996))). The first trial began on September25, 1996, and ended in a hung jury. A second trial occurred from June 12, 1997, to June 19,1997, and also ended in a hung jury. The third trial, the subject of this appeal, took placefrom December 15, 1997, until December 19, 1997. This trial ended with a jury verdict ofguilty. On March 9, 1998, the trial judge entered judgment and sentenced defendant to 20years' imprisonment. Defendant filed a notice of appeal on the same date. Defendant raisestwo issues on appeal: (1) whether defendant was proven guilty beyond a reasonable doubtwhere defendant denied her guilt and only circumstantial evidence was used against her and(2) whether Public Act 89-689, which modified the requirements governing automaticfitness hearings based upon psychotropic medication, violates the single-subject rule of theIllinois Constitution (Ill. Const. 1970, art. IV,

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