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PEOPLE v. BELL

No. 5-10-0276.

968 N.E.2d 1262 (2012)

360 Ill. Dec. 505

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Carol J. BELL, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

May 3, 2012.

Attorney(s) appearing for the Case

Michael J. Pelletier , State Appellate Defender, Johannah B. Weber , Deputy Defender, Robert S. Burke , Assistant Appellate Defender, Office of the State Appellate Defender, Mt. Vernon, for appellant.

Deborah Riley , State's Attorney, Shelbyville ( Patrick Delfino , Director, Stephen E. Norris , Deputy Director, Jennifer Camden , Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, of counsel), for the People.

OPINION

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

¶ 1 A jury convicted the defendant, Carol J. Bell, of attempted possession of anhydrous ammonia in violation of section 25(a)(1) of the Methamphetamine Control and Community Protection Act (720 ILCS 646/25(a)(1) (West 2008)). On appeal, the defendant maintains that her right to a jury trial was denied by the circuit court's failure to instruct the jury that an essential element...

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