PEOPLE v. DEPKE

No. 1-87-1451.

578 N.E.2d 190 (1991)

218 Ill. App.3d 235

161 Ill.Dec. 63

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael J. DEPKE, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

July 31, 1991.


Attorney(s) appearing for the Case

Marc W. Martin, Chicago, for defendant-appellant.

John M. O'Malley, Chicago (Inge Fryklund, Paula Carstensen, Lori J. Williams, of counsel), for plaintiff-appellee.


Justice RIZZI delivered the opinion of the court:

Following a jury trial, defendant Michael J. Depke was convicted of delivery of a controlled substance and sentenced to serve six years in prison. On appeal, defendant argues that (1) the State improperly attempted to influence the jury with the false impression that probation was an available sentence in a Class X delivery of controlled substance case; (2) the trial court erred in sua sponte informing the jury...

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