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PEOPLE v. JONES

No. 4-91-0848.

598 N.E.2d 380 (1992)

232 Ill. App.3d 1083

174 Ill.Dec. 183

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Malcolm JONES, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

August 13, 1992.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Charles L. Jones, Defender, Springfield, for defendant-appellant.

Lawrence R. Fichter, State's Atty., Decatur, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, Jeffrey K. Davison, Staff Atty., Springfield, for plaintiff-appellee.

Justice COOK delivered the opinion of the court:

Following a jury trial in Macon County circuit court case No. 91-CF-459, defendant, Malcolm Jones, was convicted of unlawful delivery of a controlled substance, a Class X felony (Ill.Rev.Stat.1989, ch. 56½, par. 1401(a)(2)), and was sentenced to eight years of imprisonment. Defendant appeals, contending the prosecutor improperly commented on his failure to testify and the trial court abused its discretion by imposing...

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