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eBook details

• Title: People v. Tamayo
• Author : Supreme Court of Illinois
• Release Date : January 22, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

On June 30, 1975, a grand jury in Winnebago County indicted Rogelio Tamayo on one count of attempted murder and two counts of aggravated battery. After a hearing at which he was found fit to stand trial, defendant was convicted in a jury trial of attempted murder and one count of aggravated battery. The court sentenced him to four to six years' imprisonment for attempted murder and imposed no sentence for aggravated battery. The appellate court reversed (56 Ill. App.3d 800), holding that the controlling statute then in effect, section 5-2-1(i) of the Unified Code of Corrections (Ill. Rev. Stat. 1975, ch. 38, par. 1005-2-1(i)), impermissibly allocated to the defendant the burden of proving himself fit. That court also held that jury instructions given by the trial judge were reversibly prejudicial under People v. Trinkle (1977), 68 Ill.2d 198, in that they allowed the jury to find defendant guilty of attempted murder on evidence not showing that he intended to kill his victim but only that he knew his acts created a strong probability of great bodily harm. We granted the State leave to appeal. Defendant is from Cuba. He moved to the United States in 1968, but his command of English remains minimal. In December 1974, defendant was placed in a detoxification unit at Rockford Memorial Hospital after he was found lying in the snow, intoxicated. He then spent a month at the Singer Zone Center before being transferred to Bridgeway House, a halfway house for alcoholics. He had lived at Bridgeway for six months at the time of the shooting. The Illinois Department of Vocational Rehabilitation (DVR) had paid for defendant's room and board at Bridgeway and arranged for him to see a psychiatrist, to attend Alcoholics Anonymous meetings, and to take English classes in order to prepare him for job training.

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