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PEOPLE v. JOHNSON

No. 5-86-0365.

173 Ill. App.3d 998 (1988)

527 N.E.2d 1317

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

Appellate Court of Illinois — Fifth District.

Rehearing denied September 23, 1988.

Attorney(s) appearing for the Case

Daniel M. Kirwan and Larry R. Wells, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Kenneth E. Boyle, Stephen E. Norris, and Kim G. Noffke, all of State's Attorneys Appellate Prosecutor's Office, of Mt. Vernon, for the People.

Affirmed in part, and reversed in part and remanded.

JUSTICE WELCH delivered the opinion of the court:

The case now before us comes on appeal for the second time from convictions of murder (Ill. Rev. Stat. 1985, ch. 38, par. 9-1(a)(3)) and armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18-2) entered against defendant Earnest Johnson after separate trials heard by a jury in the circuit court of Alexander County. Following the first trial, defendant was sentenced...

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