In the present cause, the order was to quash an arrest and suppress evidence, period. The instant case is similar to Enis and dissimilar to Jones. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Father of actress LisaRaye McCoy. Defendant maintains that his trial counsel made "outlandish" arguments to the effect that defendant could not have killed McCoy because Sheila's gunshot had already killed him. }); Copyright 2015 . On November 4, 1988, after receiving reports of an abandoned car blocking an alley, police discovered the body of David Ray McCoy, lying face up with three gunshot wounds to the head, in the back seat of his car. 1. Daniels had confessed to shooting McCoy, her live-in boyfriend and a paraplegic. To warrant the use of a pretrial subpoena, a defendant must show: (1) that the documents requested are evidentiary and relevant; (2) that the documents are not otherwise procurable reasonably in advance of trial by exercise of due diligence; (3) that he or she cannot properly prepare for trial without production and inspection in advance of trial and that failure to obtain an inspection may tend to unreasonably delay trial; and (4) that the application is made in good faith and is not intended as a general fishing expedition. Shukovsky, 128 Ill.2d at 225, 131 Ill.Dec. The court finds on the basis of the credible evidence that *** there was no invoking of the right to counsel. 604, 645 N.E.2d 856. Tyrone DANIELS, Defendant-Appellant. She signed the court-reported statement without reading it because she did not have her eyeglasses. Patterson, 192 Ill.2d at 138-45, 249 Ill.Dec. Ill. Rev.Stat.1985, ch. The morning she testified at her trial, defendant went to the hospital and obtained the records relating to the beating. Defendant then took the gun away from his sister and put it in his pocket. People v. Cannon, 150 Ill.App.3d 1009, 1024-25, 104 Ill.Dec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. In the rear seat of his Cadillac, which was parked in a South Side Chicago alley, he was discovered shot to death. There, our supreme court reversed the defendant's murder conviction based on the prosecutor's improper cross-examination. Nowhere does the record indicate that defendant was somehow controlled or dominated by his sister or that he would abide by her wishes to his own detriment. The doctrine, however, merely expresses the practice of courts generally to refuse to reopen what has been decided; it is not a limit on their power. Patterson, 154 Ill.2d at 468-69, 182 Ill.Dec. In so ruling, the Court stated that the ultimate determination for whether a defendant is in custody for Miranda purposes involved [t]wo discrete inquiries ***: first, what were the circumstances surrounding the interrogation; and second, given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave. Thompson, 516 U.S. at 112, 116 S.Ct. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. His conviction and sentence were affirmed in People v. Daniels, 230 Ill.App.3d 527, 172 Ill.Dec. Sheila was slapped with an 80 year sentence and Tyrone was hit with 60 years. (People v. Dredge (1986), 148 Ill.App.3d 911, 913, 102 Ill.Dec. McCoy, 53, a self-made millionaire and bon vivant, was found dead in the back seat of his black Cadillac on Nov. 12, 1988. Defendant first contends that Judge Urso erred in denying her a hearing on her motions to suppress filed after this court's decision in Daniels I. at 2362-63, 147 L.Ed.2d at 455. Following a second jury trial, where defendant's statements to police were again admitted, defendant was found guilty of first degree murder. 5-2(c); People v. Foster (1990), 198 Ill.App.3d 986, 145 Ill.Dec. She was born to a Chicago city bus driver mother Nadine Brewer and businessman father David Ray McCoy. According to Cummings, defendant stated that Sheila Daniels shot McCoy in the back of his head while McCoy was seated in his car in his garage. 108, 744 N.E.2d 841] (2001)].. Defendant was asked to go to the police station to assist in reviewing the telephone logs. Defendant then took the gun away from his sister and put it in his pocket. Accordingly, we find that defendant was not denied effective assistance of counsel due to his attorney successfully obtaining the admission of Sheila's statement. Lying on the floor next to McCoy's head, police found a .25 caliber semi-automatic Beretta, later determined to be the weapon which caused McCoy's wounds. david ray mccoy sheila daniels chicago. Listed below are the cases that are cited in this Featured Case. We hold that the OPS reports are only relevant if defendant had asserted in her first motion to suppress before Judge Toomin that she confessed to the police because defendant herself was physically abused or because of the apparent mistreatment of Anthony and Tyrone. Defendant appears to be redrafting motions to suppress, after having the benefit of Judge Toomin's ruling and our affirmance of that ruling, in an attempt to put a new spin on an old motion. Following an investigation and attempts to trace the gun, police spoke with, and later arrested, Sheila Daniels, defendant's sister. 441, 473 N.E.2d 1246.) Throughout the years, Da Brat and Lisa Raye havent spoken much publicly about their fathers murder. 303, 585 N.E.2d 1325. 604], 645 N.E.2d at 865. Issues (1) and (2) will be considered in published portions of this opinion and issues (3) and (4) will be determined in unpublished portions of this opinion. Judge Presiding. Family Members . In arguing that his trial counsel misapprehended the accountability law, however, defendant distorts the record and fails to mention any of his trial counsel's attempts to show that defendant in no manner participated in the planning or commission of the shooting of McCoy. Published by at February 16, 2022. Categories . The trial court overruled the objection, stating that defendant could look at the records while testifying, but could not read from them. Daniels, 230 Ill.App.3d at 532, 172 Ill.Dec. 321, 696 N.E.2d 313 (1998) (Hobley II). Daniels. Defendant then wiped all fingerprints off Sheila's gun and left it in the car by McCoy, locking all the doors of the car, which he left there. The court also found that probable cause existed after defendant spoke with the polygraph operator and admitted knowledge of the murder. Defense counsel argued that the necessity and/or sufficiency of Miranda warnings had not been previously raised. [The preceding is unpublished under Supreme Court Rule 23.]. Under similar facts, the same result was reached in People v. King, 192 Ill.2d 189, 198-99, 248 Ill.Dec. Presiding Justice QUINN delivered the opinion of the court: The email address cannot be subscribed. 767, 650 N.E.2d 224. sunderland ontario new homes / can alcohol make you gain weight overnight / david ray mccoy; david ray mccoy . About 30 minutes later, she accompanied police to Tyrone's home, where he was arrested and taken to the police station. People v. Fields, 258 Ill.App.3d 912, 918, 197 Ill.Dec. In general, under the law of the case doctrine, a rule established as controlling in a particular case will continue to be the law of the case, provided the facts remain the same. The record reflects that he testified that he had been struck, but he also testified that he did not make his statement because of this mistreatment, he made it because defendant told him to cooperate. In the instant case, defendant's discovery requests are much broader than those in Hinton. In making this determination, the Supreme Court stated that [o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. Apprendi, 530 U.S. at 490, 120 S.Ct. A South Side woman has been convicted for the second time of killing millionaire David Ray McCoy, her live-in boyfriend, in 1988. Listed below are those cases in which this Featured Case is cited. In fact, the section of Cleary and Graham relating to the admission of medical and hospital records explains that while the requirement of calling all persons who made the entries to testify has virtually disappeared with respect to the admission of business records, it continues to be applied to medical records. Consequently, Judge Toomin did not allow Anthony to testify during the hearing on that motion. 2348, 147 L.Ed.2d 435 (2000). The trial court denied the defendant's request for a new suppression hearing. The reason the evidence is new is that Tyrone would have invoked his fifth amendment right against self-incrimination had he been called to testify at defendant's motion to suppress. 829, 799 N.E.2d 694 (2003). Shortly thereafter, defendant was interviewed by an assistant State's Attorney, who advised him of his rights. Cline responded, She was not under arrest. Clearly, the law of the case doctrine applies to defendant's motion to suppress her statements. After the trial court denied defendant's amended motion to quash arrest and suppress statements, she was granted leave to file an amended motion to suppress statements. She asserts their testimony constitutes new evidence, which bars application of the law of the case doctrine. He was 52 years old at the time. 71, 356 N.E.2d 71 (1976). The order was affirmed on appeal. She asked to call Vrdolyak during the polygraph exam. The court then denied defendant's motion to suppress her oral and written statements. In denying defendant's request for a hearing on her motion to quash arrest and suppress evidence, Judge Urso stated that the issues raised in the motion were properly litigated at the trial level and ruled upon by the appellate court. Judge Urso found that there was no new evidence nor were there exceptional circumstances warranting a hearing on the motion. Following a second jury trial before Judge Joseph J. Urso, defendant was again convicted of first degree murder and was sentenced to 80 years' imprisonment. As a result of the beating, defendant sought treatment at Little Company of Mary Hospital. The Jones court subsequently found this error did not require reversal. After Sheila left, defendant decided to cooperate with the police; however, he was still not advised of his constitutional rights. According to Chicago Tribune, three of McCoys other daughters, Jehlan, Morgan, and Cynthia, believe Daniels killed their father because she found out he was about to cut her out of his will. Sheila then left the room and Cummings interviewed defendant again. The circuit court expressly found that she was not arrested or seized in her home, but instead voluntarily accompanied the officers to the police station. This court also rejected the State's argument that because the first trial judge did not address the issues of attenuation or independent basis, the second trial judge was not precluded from considering these issues. For the reasons set forth below, we affirm defendant's conviction, vacate her sentence and remand for resentencing. Defendant maintains that had his attorney argued that his psychological state of mind was such that he would have done anything Sheila had told him to do, his motion to suppress his statement as involuntary would have been granted. 1, 670 N.E.2d 679. We agreed, reversed the defendant's conviction and ordered a hearing on his motion to suppress. All rights reserved. 267, 480 N.E.2d 153 (1985).]. On appeal, defendant contends: (1) that the trial court erred in refusing to hold an evidentiary hearing on her motions to suppress statements; (2) that the trial court erred in quashing her subpoenas to the City of Chicago (City); (3) that the trial court erred in refusing to send her medical reports to the jury during its deliberations; and (4) that her 80-year sentence is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. She was not in custody. According to defendant, upon hearing this testimony, which established that she had not been advised of her Miranda rights because of the officer's conclusions, Judge Urso should have reconsidered his previous rulings, and granted a hearing. Daniels I, 272 Ill.App.3d at 333, 208 Ill.Dec. The constitutionally guaranteed right of effective assistance of counsel has not been provided if defendant can prove that his counsel's representation fell below an objective standard of reasonableness and that counsel's shortcomings "were so serious as to deprive the defendant of a fair trial." 498, 563 N.E.2d 385 (1990), which in turn relied upon the holding in People v. Taylor, 50 Ill.2d 136, 277 N.E.2d 878 (1971). This argument is without merit. Click the citation to see the full text of the cited case. 185, 786 N.E.2d 1019 (2003), to determine whether a different result is warranted. Cummings again advised defendant of his rights and interviewed him for approximately 45 minutes. 312, 556 N.E.2d 1214. A person is legally accountable for the conduct of another when either before or during the commission of an offense, and with the intent to promote or facilitate such commission, he solicits, aids, abets, agrees or attempts to aid the other person in the planning or commission of the offense. We reject defendant's argument that this is new evidence. (Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. In reversing that determination, the Supreme Court stated, We hold, not for the first time, that an officer's subjective and undisclosed view concerning whether the person being interrogated is a suspect is irrelevant to the assessment whether the person is in custody. Stansbury, 511 U.S. at 319, 114 S.Ct. Six days later, Daniels was arrested after the murder weapon, a .25-caliber Beretta, was traced to her. David was a successful businessman and owned many hotels and nightclubs. This court affirmed Justice Toomin's denial of defendant's motion to suppress and therefore addressed defendant's fourth and fifth amendment rights. 98 (1931), where the trial court refused to admit X-rays of the defendant's teeth into evidence. Afterwards, defendant was interviewed by the assistant State's Attorney and gave substantially the same version. In determining that the defendant had failed to show that the sentencing error in his case was prejudicial, the court in Crespo held: we have no doubt that a jury, presented with these facts, would have found that the crime was committed in a brutal and heinous manner, indicative of wanton cruelty. Crespo, 203 Ill.2d at 348-49, 273 Ill.Dec. Maxwell, 173 Ill.2d at 120-21, 219 Ill.Dec. Rumor has it that David's death was caused by a disagreement over a high power bill. We humbly honor the old school soul music era and will keep pushing forward to keep it alive. Defendant directs us to the testimony at her second trial where Lt. Phillip Cline of the Chicago police department was asked on redirect why on November 12 and 17 of 1988, he did not advise defendant of her Miranda warnings. 103, 84 Ill.2d 436, 443, 50 Ill.Dec. In her second amended motion to quash arrest and suppress statements filed on May 21, 1996, defendant again alleged she had made admissions due to the physical abuse Tyrone had endured at the hands of the police. Appellate Court of Illinois, First District, Second Division.https://leagle.com/images/logo.png. 20, 595 N.E.2d 83 (1992). After denial of her motion, defendant filed written offers of proof, which stated that, if called to testify at a hearing, Tyrone and Anthony would substantiate the allegations of abuse contained in her second amended motion to suppress. Similarly, in Hinton, this court rejected the defendant's argument that the postconviction court erred in quashing his subpoenas requesting any complaints involving excessive force against the officers identified in the defendant's case. 143, 706 N.E.2d 1017 (1998), this court addressed the defendant's contention on appeal that he was entitled to an evidentiary hearing on his postconviction petition because he had new evidence which showed systematic torture at Area 2. Defendant then asked to see his sister, who was brought into the room. Sheilawas slapped with an80 year sentence and Tyrone was hit with 60 years. In his first appeal, the defendant did not challenge the trial court's pretrial denial of his motions to quash arrest and suppress evidence. There are variousreports of the motive behind McCoys murder. In connection with the motion to suppress, defendant filed two subpoenas duces tecum upon the City, requesting, inter alia, the production of all documents relating to disciplinary complaints against any of the officers at Area 2 who were expected to be called as witnesses at her trial. At the time, he was also in the police station and was bleeding after having been beaten by police. AIR Awareness Outreach; AIR Business Lunch & Learn; AIR Community of Kindness; AIR Dogs: Paws For Minds AIR Hero AIR & NJAMHAA Conference We further note that there was credible evidence in the record that the deceased was an abusive domestic partner, indicating the existence of mitigating factors under sections 5-5-3.1(a)(4) and (a)(8) of the Unified Code of Corrections. 12, 751 N.E.2d 65 (2001). This court has consistently held that in cases where the defendants received an extended term of imprisonment pursuant to section 5-5-3.2(b)(2), the sentence must be vacated and the case remanded for resentencing. On appeal, this court rejected the defendant's argument which we characterized as being based on a claim of new evidence. David Ray McCoy Met His Demise at the Hands of His Then-Girlfriend Da Brat's father met his untimely death aged 52. Countering defendant's motion to suppress, the State presented the testimony of Michael Cummings, the Chicago police detective assigned to investigate McCoy's murder. The record, however, does not support the contention that defendant was influenced to a great extent by his sister. Defendant then emptied McCoy's wallet of money, and dumped it in a trash bin at a McDonald's restaurant. David was killed by his then-long-term girlfriend, Sheila Daniels, and her brother. McCoy was found shot to death on November 13, 1988 in the back seat of his Cadillac, which was parked in a Southside Chicago alley. According to Cummings, defendant stated that Sheila Daniels shot McCoy in the back of his head while McCoy was seated in his car in his garage. Applying this logic to the case before us, we reject appellate counsel's assertion that where neither a trial court nor a court of review has considered a legal issue, the law of the case doctrine is inapplicable to that issue. During argument on defendant's motion, defense counsel argued that new evidence, that being testimony from defendant's brothers, was now available. McCoy's then 32 year old live-in girlfriend of 10 years, Sheila Daniels, and her then 20 year old brother, Tyrone, were convicted of McCoy's murder in 1990. While searching the apartment, the police told him to get dressed, giving him some of his clothes; they did not, however, provide him any underwear or socks. In Thurow, our supreme court held that, in those cases where the defendant did object to his sentence in the circuit court, the reviewing court should apply a harmless error analysis: Is it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error. Thurow, 203 Ill.2d at 368-69 [272 Ill.Dec. Defendant testified at her suppression hearing before Judge Toomin that she had seen Anthony while at the police station and he appeared to have been beaten. Appellate Court of Illinois, First District, Second Division. On remand to the trial court, the defendant renewed these motions and the trial court denied the defendant's request to reconsider. Further, because we find that the decision to use Sheila's statement was a matter of trial tactics, that decision has no bearing on the issue of competency of counsel. David McCoy owned several hotels and nightclubs, and he was known to lend money to hundreds of people who wanted to start their own businesses. Consequently, we find that defendant was not deprived of effective assistance of trial counsel by his counsel's failure to present the argument that defendant was psychologically influenced by his sister. People v. Enis, 163 Ill.2d 367, 386 [206 Ill.Dec. 552, 500 N.E.2d 445.) People v. Feagans, 134 Ill.App.3d 252, 89 Ill.Dec. * * * She said, just tell him the truth. 594, 789 N.E.2d 768) and reconsider our decision in light of the holdings in People v. Crespo, 203 Ill.2d 335, 273 Ill.Dec. In support, he attached to his petition an affidavit from an Illinois attorney, reports from OPS detailing the abuse at Area 2, findings from the Chicago police board regarding Area 2 and his own affidavit in which he asserted that he was beaten, pistol-whipped, shocked and suffocated. In People v. Maxwell, 173 Ill.2d 102, 219 Ill.Dec. Defendant's final argument with respect to Judge Urso's denial of her motion for hearing is that his refusal to hold a hearing deprived defendant of her right to appeal. A proper foundation is necessary for the admission of hospital records. David was killed by his then-long-term girlfriend, Sheila Daniels, and her brother. 38, par. In finding error in the trial court's refusal to admit the X-rays, the supreme court stated they should have been admitted because they tended to sustain the defendant's alibi. Greenspawn, 346 Ill. at 491, 179 N.E. 143, 706 N.E.2d 1017. David's death shocked many of his business associates as he spoke fondly of Daniels, and the two had been together for over ten years. However, this court, presented as it is with a record containing no support for defendant's assertion, must resolve the question against him. This court first looked to the holdings in People v. Hobley, 159 Ill.2d 272, 202 Ill.Dec. Viewing the matter in terms of the doctrine of law of the case, there is no bar to the trial court conducting a new hearing. The police told him that if he did not cooperate his sister might get the death penalty. She asserts that Judge Urso should have allowed her to reopen for proofs because neither Judge Toomin nor this court ruled on the claims she now advances for suppression of her statements, those being her questioning without the benefit of Miranda warnings while in custody on November 17-18, 1988, and that her statements were coerced and made involuntarily. On direct examination, defendant testified to an incident that occurred in May of 1980 where McCoy had pistol whipped her about the head with a gun while the two sat in a car. Judge Toomin cited several cases which supported his holding and made extremely detailed findings of fact. People v. Daniels, 272 Ill.App.3d 325, 208 Ill.Dec. 18-2(a)), and concealment of a homicidal death (Ill.Rev.Stat.1987, ch. 767, 650 N.E.2d 224. Therefore, only those facts necessary for proper consideration of the instant appeal will be repeated here. 592, 610 N.E.2d 16 (1992). Contact us. Moreover, the record is devoid of any evidence demonstrating that defendant's statement was involuntary due to his emotional condition. Crespo, 203 Ill.2d at 348-49, 273 Ill.Dec. Following a hearing on the motion, the trial court denied the motion. 1526, 128 L.Ed.2d 293 (1994). In her motion to suppress filed before her first trial and in the first motion to suppress filed with Judge Urso, defendant said nothing about Anthony's beaten condition as being a reason for her inculpatory statements. Indeed, Tyrone raised this issue in his appeal. On November 18, 1988, shortly after speaking with Sheila, police arrested defendant. But she contended at the second trial that she had shot him only after McCoy verbally abused her and threatened her with his own gun. Defendant's present assertion that he was influenced and coerced by his sister is not borne out by the record. Defendant eloquently states her position in her reply brief, where she explains that in her view: [T]he [law of the case] doctrine applies not to motions' as such, but, rather, to legal issues determined almost invariably after a hearing. During its deliberations, the jury sent a note to the trial court asking if plaintiff's medical records pertaining to the 1980 beating were available to the jury. McCoy's then 32 year old live-in girlfriend of 10 years, Sheila Daniels, and her then 20 year old brother, Tyrone, were convicted of McCoy's murder in 1990. He testified that the gun found near McCoy's body was eventually traced to Sheila Daniels, who, when questioned by the police, told them that defendant had killed McCoy; later, she led the police to defendant's apartment. 830, 420 N.E.2d 147 (1981); Proesel v. Myers Publishing Co., 48 Ill.App.2d 402, 404, 199 N.E.2d 73 (1964). During cross-examination, Cummings acknowledged that there was nothing in his investigation which would indicate that defendant had knowledge of, or assisted in, Sheila's plan to shoot McCoy. (People v. Whittaker, 199 Ill.App.3d 621, 629, 145 Ill.Dec. 38, par. ace school of tomorrow answer keys . A review of Judge Toomin's statements in open court establishes that he applied this test when ruling on defendant's motion to suppress. Sheila Daniels "basically asked how [defendant] was doing. Further, he could not read or write and did not know that the consent form he signed meant that anything found in his apartment could be used against him in court. david ray mccoy sheila daniels chicago. Similarly, defendant argues the trial court should have admitted the medical records in this case because they supported her claim of self-defense in that they related to her state of mind at the time she shot McCoy. David McCoy (pictured in a framed photo in the above pic of Lisa Raye) was found shot to death on November 12, 1988 in the back seat of his Cadillac, which was parked in a Southside Chicago alley. After remand, defendant filed a second motion to suppress statements in which she asserted that she gave her confession because she was influenced by seeing Tyrone after he had suffered injures at the hands of the police. In addition, Cummings testified that, at 4 a.m. in the police station, after he had been advised of his rights, defendant initially denied involvement in McCoy's murder. The trial court denied admission of the records. Defendant admitted this but said that her brother Anthony had stolen it from her and she gave the detectives his address. [People v. Henderson, 36 Ill.App.3d 355, 370, 344 N.E.2d 239 (1976).] Finally, defendant contends and that her 80-year extended-term sentence is unconstitutional under the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. If a court of review has decided a legal issue then the successor judge may rely upon that ruling as settled law, and, in the absence of a change in the law by a still higher court, or new factual basis, apply it to the case before him or her. david ray mccoy obituary chicagochris mccausland wife patricia. In an amended postconviction petition, the defendant argued the existence of new evidence, that being the OPS report, warranted a hearing on his petition. At the police station, defendant was questioned regarding McCoy's death and admitted to having purchased the gun used in the shooting, but stated it had been stolen by her brother Anthony Daniels. Further, defendant cannot liken his situation to that of the defendant in People v. Rhoads (1979), 73 Ill.App.3d 288, 29 Ill.Dec. at 467, 133 L.Ed.2d at 396. The defendant was convicted following a second trial and he appealed arguing that the OPS report regarding abuse of arrestees at Area 2 was new evidence that was not available to the defendant prior to his first trial. Defendant also argues that the trial court erred in failing to allow her to reopen her case in light of the testimony Tyrone and Anthony would present at a hearing on her motion to suppress. See People v. Williams, 138 Ill.2d 377, 392, 150 Ill.Dec. In Crespo, our supreme court determined that sentences which violate Apprendi are reviewed under a plain error analysis when the defendant failed to object to the sentence in the circuit court. 154, 704 N.E.2d 727 (1998). Further, after being at the station for two hours, She was not allowed to use the phone despite her numerous requests to call both Vrdolyak and her sister. Daniels I, 272 Ill.App.3d at 333, 208 Ill.Dec. Sheila and her brother Tyrone were both found guilty; Sheila was sentenced to 80 years in prison and Tyrone to 60 years. Defendant next contends that his trial counsel erroneously misapprehended the applicable law on accountability. In People v. Cannon, 293 Ill.App.3d 634, 227 Ill.Dec.
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