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PEOPLE v. HOPP

No. 95574.

805 N.E.2d 1190 (2004)

209 Ill.2d 1

282 Ill.Dec. 173

The PEOPLE of the State of Illinois, Appellant, v. Tiffany HOPP, Appellee.

Supreme Court of Illinois.

February 20, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, and Karen Andrews, State's Attorney, Carthage (Gary Feinerman, Solicitor General, Linda D. Woloshin and Domenica A. Osterberger, Assistant Attorneys General, Chicago, and Norbert J. Goetten, John X. Breslin and Judith Z. Kelly, Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Diane N. Cherry and Michael B. Metnick, of Metnick, Cherry & Frazier, Springfield, for appellee.

Justice GARMAN delivered the opinion of the court:

Defendant, Tiffany Hopp, was found guilty by a jury of conspiracy to commit first degree murder. The appellate court reversed her conviction on the ground that the trial court committed plain error when it failed to give sua sponte a required jury instruction defining first degree murder. 336 Ill.App.3d 523, 270 Ill.Dec. 755

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