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PEOPLE v. KYSE

No. 4-90-0820.

581 N.E.2d 285 (1991)

220 Ill. App.3d 971

163 Ill.Dec. 334

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Amos KYSE, Jr., Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied December 4, 1991.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Charles L. Jones, Asst. Defender, for defendant-appellant.

Thomas J. Difanis, State's Atty., Urbana, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, David E. Mannchen, Staff Atty., for plaintiff-appellee.

Presiding Justice LUND delivered the opinion of the court:

Following a jury trial, defendant Amos Kyse, Jr., was found guilty of first-degree murder (Ill.Rev.Stat.1989, ch. 38, par. 9-1(a)) and sentenced to 25 years' imprisonment. On appeal, defendant argues that (1) he was denied effective assistance of counsel because counsel failed to raise the affirmative defense of voluntary intoxication; and (2) the trial court abused its discretion in imposing his sentence...

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