{
  "id": 3443188,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FLORENCIO PECINA, Defendant-Appellant",
  "name_abbreviation": "People v. Pecina",
  "decision_date": "1985-04-26",
  "docket_number": "No. 3-83-0460",
  "first_page": "962",
  "last_page": "963",
  "citations": [
    {
      "type": "official",
      "cite": "132 Ill. App. 3d 962"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "447 N.E.2d 174",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1981,
      "opinion_index": 0
    },
    {
      "cite": "94 Ill. 2d 303",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        3106373
      ],
      "year": 1981,
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/94/0303-01"
      ]
    },
    {
      "cite": "101 Ill. 2d 508",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        3160948
      ],
      "year": 1982,
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/101/0508-01"
      ]
    },
    {
      "cite": "132 Ill. App. 3d 948",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        3441558
      ],
      "year": 1984,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/132/0948-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 3121,
    "ocr_confidence": 0.772,
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    "sha256": "348b2c00eb33f142361124c475e9291ca9ef32b9501062db788c4db1d6f34322",
    "simhash": "1:ac2bd3545a6e8974",
    "word_count": 506
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  "last_updated": "2023-07-14T22:48:37.184543+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FLORENCIO PECINA, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE BARRY\ndelivered the opinion of the court:\nThe defendant stands convicted of felony murder for the killing of Arthur Zielinski on November 3, 1982. The facts of this case are adequately stated for the purposes of this appeal in the companion case entitled People v. Pecina (1985), 132 Ill. App. 3d 948, decided this date, and need not be repeated here. In People v. Pecina, we concluded that the State\u2019s evidence failed to establish that a robbery of the victim, the predicate offense for the charge of felony-murder, had taken place on the night in question. See People v. Taylor (1984), 101 Ill. 2d 508, 463 N.E.d 705; People v. Tiller (1982), 94 Ill. 2d 303, 447 N.E.2d 174; and Woods v. Linahan (5th Cir. 1981), 648 E2d 973.\nFor the reasons stated in the companion case, this defendant\u2019s conviction must be reversed. The remaining issues raised by this defendant on appeal are: (1) whether the trial court deprived defendant of his right to an impartial jury by denying the defense challenge for cause and a defense request for additional peremptory challenges; (2) whether the trial court erred in refusing to instruct the jury on voluntary manslaughter; (3) whether defendant was denied the constitutional right to a fair trial because of prejudicial conduct by the prosecutor during closing argument; (4) whether this cause should be remanded for resentencing because the trial court erroneously believed that defendant could be sentenced to death; (5) whether the trial court erred in sentencing defendant to an extended term of imprisonment; and (6) whether defendant\u2019s extended-term sentence of 60 years\u2019 imprisonment is clearly excessive.\nAs in the case of Steve Pecina, we have carefully reviewed the arguments and the record on appeal to determine whether any issues that might have affected a conviction for murder under section 9 \u2014 1(a)(1) of the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, par. 9 \u2014 1(a)(1)) would preclude a remandment for the purpose of entering judgment on the jury\u2019s verdict of guilty on the intentional murder charge. As in the case of Steve Pecina, we have found no reversible error, but we remand for resentencing on the alternate murder conviction, and we will not deny the defendant another opportunity to raise before this court issues respecting his murder conviction on grounds not previously considered.\nThe conviction for felony murder is reversed, the sentence is vacated, and the cause is remanded \"with directions to enter judgment of conviction for murder (Ill. Rev. Stat. 1983, ch. 38, par. 9 \u2014 l(aXl)) and to conduct a new sentencing hearing.\nReversed and remanded with directions.\nSCOTT and STOUDER, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE BARRY"
      }
    ],
    "attorneys": [
      "Robert Agostinelli and Peter A. Carusona, both of State Appellate Defender\u2019s Office, of Ottawa, for appellant.",
      "Edward F. Petka, State\u2019s Attorney, of Joliet (John X. Breslin and Patricia Hartmann, both of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FLORENCIO PECINA, Defendant-Appellant.\nThird District\nNo. 3-83-0460\nOpinion filed April 26, 1985.\nRobert Agostinelli and Peter A. Carusona, both of State Appellate Defender\u2019s Office, of Ottawa, for appellant.\nEdward F. Petka, State\u2019s Attorney, of Joliet (John X. Breslin and Patricia Hartmann, both of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People."
  },
  "file_name": "0962-01",
  "first_page_order": 984,
  "last_page_order": 985
}