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PEOPLE v. NELSON

No. 78-1165.

73 Ill. App.3d 593 (1979)

392 N.E.2d 602

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GERALD NELSON, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed June 27, 1979.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Kathleen O'Donovan and Donald S. Honchell, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, James Veldman, and Paul D. Kerpan, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. PRESIDING JUSTICE SIMON delivered the opinion of the court:

Gerald Nelson's appeal from his murder conviction and his sentence of 100 to 300 years in the penitentiary, plus 4 years parole, lacks merit.

The jury was instructed to convict the defendant if the homicide occurred while he was committing or attempting to commit the crime of armed robbery. This instruction (Illinois Pattern Jury Instructions,

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