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PEOPLE v. ALLEN

Nos. 82-848, 82-1258 cons.

116 Ill. App.3d 996 (1983)

452 N.E.2d 636

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DIANE ALLEN, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied September 1, 1983.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Fred S. Flores and Karen A. Popek, Assistant Public Defenders, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat and Bruce A. Cardello, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE SULLIVAN delivered the opinion of the court:

After a jury trial, defendant was convicted of attempted armed robbery and conspiracy but acquitted of murder. The trial court ruled that the conspiracy conviction merged into the attempt conviction and sentenced defendant to a term of eight years for attempted armed robbery. On appeal, she contends that (1) she was denied a fair trial when the trial court gave an erroneous instruction...

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