People v. Wilborn

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2011 IL App (1st) 092802 SIXTH DIVISION SEPTEMBER 23, 2011 No. 1-09-2802 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOSEPH WILBORN, Defendant-Appellant. ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County 04 CR 22104 (02) Honorable John J. Moran, Judge Presiding. PRESIDING JUSTICE ROBERT E. GORDON delivered the judgment of the court, with opinion. Justices Cahill and Garcia concurred in the judgment and opinion. OPINION ΒΆ1 Following a jury trial, defendant Joseph Wilborn1 was convicted of first-degree murder. 720 ILCS 5/9-1(a)(1) (West 2000). After hearing aggravation and mitigation, defendant was sentenced to 55 years in the Illinois Department of Corrections, 30 years for the first-degree murder and 25 years as a firearm enhancement. Defendant s conviction was affirmed on direct 1 Defendant s direct appeal records use the spelling Wilbourn for his last name. However, his postconviction records, as well as his signature on his postconviction filings, use the spelling Wilborn for his last name. In this decision we will use the spelling of defendant s last name found on his postconviction petition and records.

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