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PEOPLE v. FRIAS

No. 81-1946.

109 Ill. App.3d 888 (1982)

441 N.E.2d 166

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RUBEN FRIAS, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed October 15, 1982.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Andrea D. Lyon, Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Raymond F. Bogan, and Barbara A. Levin, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

Following a jury trial, defendant was acquitted of murder but found guilty of armed violence based on the felony of murder and was sentenced to 15 years imprisonment. On appeal, he contends that (1) his conviction for armed violence cannot stand where he was acquitted of the predicate felony of murder; (2) the prosecutor's improper and prejudicial arguments and trial behavior...

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