People v. Babiarz

BACKGROUND

The defendant-appellant Victor Babiarz was charged with the February 12, 1989, murder of Miguel Panigua. On July 25, 1991, a jury found the defendant guilty and the circuit court entered judgment on that verdict. The court subsequently sentenced the defendant to a 40-year term of imprisonment. For the reasons set forth below, we affirm both the defendant’s conviction and his sentence.

FACTS

The defendant filed a motion in limine to exclude from evidence a 9 millimeter handgun recovered from his residence at the time of his arrest. The State conceded that the recovered handgun could…