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PEOPLE v. AUSTIN

No. 2-89-0616.

574 N.E.2d 1297 (1991)

215 Ill. App.3d 323

158 Ill.Dec. 904

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. J.W. AUSTIN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied July 31, 1991.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Paul J. Glaser, Elgin, Thomas A. Lilien, Asst. Defender, Office of State Appellate Defender, Elgin, Pumilia, Gary Pumilia, Trial Counsel, for J.W. Austin.

Paul A. Logli, Winnebago County State's Atty., Rockford, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Cynthia N. Schneider, State's Attys. Appellate Prosecutor, Elgin, for the People.

Justice WOODWARD delivered the opinion of the court:

Defendant, J.W. Austin, appeals his convictions of and sentences for two counts of attempted first degree murder (Ill.Rev. Stat.1989, ch. 38, pars. 8-4(a), 9-1(a)(1)). Defendant raises two issues on appeal: whether he was denied the effective assistance of counsel where his attorney failed to seek jury instructions on attempted second degree murder; and whether the concurrent 10-year sentences are excessive.

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