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PEOPLE v. WELLS

No. 5-98-0746.

739 N.E.2d 626 (2000)

317 Ill.App.3d 247

250 Ill.Dec. 863

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert A. WELLS, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

November 9, 2000.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, John H. Gleason, Assistant Defender, Office of the State Appellate Defender, Mount Vernon, for Appellant.

D. Brian Trambley, State's Attorney, Vienna; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Sharee S. Langenstein, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mount Vernon, for Appellee.

Justice HOPKINS delivered the opinion of the court:

Robert A. Wells (defendant) appeals from a judgment of conviction entered upon a jury verdict of guilty of the offense of armed violence (720 ILCS 5/33A-2 (West 1998)). The court sentenced defendant to 11 years' imprisonment. Defendant argues that his trial counsel provided ineffective assistance when he failed to offer instructions giving the jury the option of finding defendant guilty of armed violence with a bludgeon...

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