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PEOPLE v. JOHNSON

No. 80-517.

102 Ill. App.3d 1056 (1981)

430 N.E.2d 207

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD JOHNSON, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed December 15, 1981.

Attorney(s) appearing for the Case

Mary Robinson and David Morris, both of State Appellate Defender's Office, of Elgin, for appellant.

Robert Morrow, State's Attorney, of Geneva (Phyllis J. Perko, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Vacated in part, and reversed and remanded in part.

JUSTICE UNVERZAGT delivered the opinion of the court:

The defendant was indicted on February 14, 1978, in Kane County, for armed robbery, attempt murder, and aggravated battery. (Ill. Rev. Stat. 1977, ch. 38, pars. 18-2, 8-4(a) and 12-4.) On April 10, 1978, just prior to jury selection, the prosecutor informed the court: "I failed to mention we are proceeding only on Count I [armed robbery]." There was no...

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