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PEOPLE v. BARNES

No. 1-86-2682.

182 Ill. App.3d 75 (1989)

537 N.E.2d 949

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. BENJAMIN BARNES, Defendant-Appellant.

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

Opinion filed April 7, 1989.

Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender, of Chicago (Emily Eisner, Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Inge Fryklund and Andrea K. Muchin, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

PRESIDING JUSTICE MURRAY delivered the opinion of the court:

Defendant Benjamin Barnes appeals his conviction and sentence after a second jury trial for the crime of unlawful use of firearms by a felon (Ill. Rev. Stat. 1985, ch. 38, par. 24-1.1). The first trial ended in a mistrial being declared because the jury was unable to reach a verdict. After defendant was found guilty in the second trial, he was sentenced to five years' imprisonment...

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