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People v. Mitchell

Case Date: 12/03/2004
Court: 1st District Appellate
Docket No: 1-02-1244 Rel

SIXTH DIVISION
December 3, 2004



1-02-1244

  

THE PEOPLE OF THE STATE OF ILLINOIS,

                         Plaintiff-Appellee,

          v.

EDWARD MITCHELL,

                         Defendant-Appellant.

 )
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)		 Appeal from the
Circuit Court of
Cook County.

No. 99 CR 19684 (02)

Honorable
Stanley J. Sacks,
Judge Presiding.



JUSTICE TULLY delivered the opinion of the court:

Following a jury trial, defendant, Edward Mitchell, was found guilty of first degree murderand sentenced to 100 years in prison. On appeal, defendant argues (1) that his confession shouldhave been suppressed because it was obtained through coercion; (2) that the surveillance videofrom the food store where the shooting occurred should not have been admitted as the State failedto lay a proper foundation; (3) that the court improperly allowed hearsay testimony from anexpert witness and that defendant's counsel was ineffective for failing to object to the testimony;(4) that he was improperly sentenced to an extended-term of imprisonment; and (5) that section111-3 (c - 5) of the Code of Criminal Procedure of 1963 (725 ILCS 5/111-3 (c - 5) (West 2002),which provides the procedural requirements for seeking an extended-term sentence, violatesarticle I, section 7, of the Illinois Constitution (Ill. Const. 1970, art. I,