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PEOPLE v. BARNETT

No. 3-09-0721.

952 N.E.2d 669 (2011)

351 Ill. Dec. 877

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Denarius BARNETT, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied August 3, 2011.

Attorney(s) appearing for the Case

John M. McCarthy (Court-appointed) (argued), Office of the State Appellate Defender, Springfield, for Denarius Barnett.

Kevin W. Lyons , State's Attorney, of Peoria ( Terry A. Mertel and Justin A. Nicolosi (argued), both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

Justice WRIGHT delivered the judgment of the court, with opinion.

¶ 1 At the close of evidence in this case, both the State and defense objected to the court providing the jury with instructions pertaining to any lesser included offense related to the single-count indictment. Consequently, the jury received instructions from the court directing the jury to deliberate on a single criminal violation of section 18-2(a)(2) of the Criminal Code of...

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