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PEOPLE v. JONES

No. 1-05-0725.

861 N.E.2d 276 (2006)

308 Ill.Dec. 211

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

Appellate Court of Illinois, First District, First Division.

December 26, 2006.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Benjamin Overby, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (James F. Fitzgerald and Judy L. DeAngelis, Assistant State's Attorneys, of counsel), for Appellee.

Justice CAHILL delivered the opinion of the court:

Defendant, Kelvin Jones, was convicted of burglary and sentenced to 11 years' imprisonment after a jury trial. Defendant now appeals, contending that he was denied a fair trial because one juror was described by the court as "half asleep" during the trial. In the alternative, defendant contends he was denied the effective assistance of counsel when his trial counsel failed to take remedial action. We reverse and remand...

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