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PEOPLE v. PHILLIPS

No. 79-1470.

95 Ill. App.3d 1013 (1981)

420 N.E.2d 837

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. BENNY E. PHILLIPS, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed May 4, 1981.

Attorney(s) appearing for the Case

Michael J. Pelletier, of State Appellate Defender's Office, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Marcia B. Orr and Richard F. Burke, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:

Benny Earl Phillips brings this appeal after a jury trial where he was convicted of one count of attempt murder (Ill. Rev. Stat. 1977, ch. 38, par. 8-4), four counts of aggravated battery (Ill. Rev. Stat. 1977, ch. 38, pars. 12-4(a), (b)(1)), and one count of armed violence based on the underlying offense of aggravated battery (Ill. Rev. Stat. 1977, ch. 38, par. 33A-2...

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