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PEOPLE v. YAGER

No. 4-83-0092.

128 Ill. App.3d 702 (1984)

471 N.E.2d 244

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GARTH DUSTIN YAGER, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied December 13, 1984.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Jonathan Haile, both of State Appellate Defender's Office, of Springfield, for appellant.

Nancy Owen, State's Attorney, of Charleston (Robert J. Biderman and Rebecca L. White, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE GREEN delivered the opinion of the court:

We have withheld our decision in this case pending the decision of the supreme court in the case of People v. Dace (1984), 104 Ill.2d 96. That decision is the latest in the evolving doctrine whereby an accused is entitled, under certain circumstances, to have the question of the accused's guilt as to an uncharged lesser offense submitted to the...

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