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PEOPLE v. PAYNE

No. 56907.

99 Ill.2d 135 (1983)

457 N.E.2d 1202

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. STANLEY PAYNE, Appellee.

Supreme Court of Illinois.

Opinion filed December 1, 1983.

Attorney(s) appearing for the Case

Tyrone C. Fahner and Neil F. Hartigan, Attorneys General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Richard A. Devine and Michael B. Weinstein, Assistant Attorneys General, of Chicago, and Michael E. Shabat, Joan S. Cherry and Kevin Sweeney, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Kathleen O'Donovan, Ira Churgin, Robert P. Isaacson and Aaron L. Meyers, Assistant Public Defenders, of counsel), for appellee.

Alan Raphael, of Jenner & Block, of Chicago, for amicus curiae Chicago Council of Lawyers.

James S. Liebman, of Chicago, for amicus curiae NAACP Legal Defense and Educational Fund, Inc.

James D. Montgomery, Corporation Counsel, of Chicago (Jerome A. Siegan and Maureen Kelly Ivory, of counsel), for amicus curiae City of Chicago.

Reversed and remanded.

JUSTICE UNDERWOOD delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County Stanley Payne was found guilty of three counts of aggravated battery and one count of armed violence in connection with the shooting of Frederick Perry. He was sentenced to concurrent terms of five years on the aggravated-battery counts and 20 years on the armed-violence charge.

In a Rule 23 order (87 Ill.2d R. 23...

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