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PEOPLE v. HIGGINS

No. 3-91-0318.

598 N.E.2d 1346 (1992)

233 Ill. App.3d 295

174 Ill.Dec. 409

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ernest HIGGINS, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied September 25, 1992.

Attorney(s) appearing for the Case

Kenneth D. Brown, Office of State Appellate Defender, Ottawa, James E. Shadid, Trial Counsel, Peoria, Rita K. Peterson, Asst. Defender, Office of State Appellate Defender, Mt. Vernon, for Ernest Gregory Higgins.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Atty., Peoria, Nancy Rink Carter, State's Attys. Appellate Prosecutor, Ottawa, for People.

Justice GORMAN delivered the opinion of the court:

The defendant, Ernest Higgins, appeals his conviction for aggravated battery with a firearm (Ill.Rev.Stat.1991, ch. 38, par. 12-4.2). The sole issue on appeal is whether his trial counsel rendered effective assistance. We find that he did and affirm.

The record shows that the information alleged that the defendant had committed the offense by knowingly shooting Matthew Wood with a handgun. At trial, defense...

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