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People v. Teran

Case Date: 11/19/2004
Court: 2nd District Appellate
Docket No: 2-02-1408 Rel

No. 2--02--1408

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE
OF ILLINOIS,

          Plaintiff-Appellee,

v.

DAVID TERAN,

          Defendant-Appellant.

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)		 Appeal from the Circuit Court
of Du Page County.



No. 98--CF--1856

Honorable
George J. Bakalis,
Judge, Presiding.


JUSTICE HUTCHINSON delivered the opinion of the court:

Following a jury trial, defendant, David Teran, was convicted of committing the first-degreemurder (720 ILCS 5/9--1(a)(1) (West 1998)) of Roderick Floyd. In finding defendant guilty of thisoffense, the jury rejected defendant's claim that he was insane under section 6--2(a) of the CriminalCode of 1961 (the Criminal Code) (720 ILCS 5/6--2(a) (West 1998)). After denying defendant'smotion for new trial, the trial court sentenced him to 45 years' imprisonment. Defendant appeals,contending that section 6--2(a) of the Criminal Code is unconstitutional in that it violates equalprotection, due process, and the proportionate penalties clause of our Illinois Constitution (U.S.Const., amend. XIV,