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PEOPLE v. BOOKER

No. 2-89-1111.

573 N.E.2d 385 (1991)

214 Ill. App.3d 286

157 Ill.Dec. 967

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Melvin L. BOOKER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 6, 1991.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Patrick M. Carmody, Office of the State Appellate Defender, Elgin, Ill., for Melvin Booker.

Michael J. Waller, Lake County State's Attorney, Waukegan, Ill., William L. Browers, Deputy Director, Lawrence M. Bauer, State's Attorneys Appellate Prosecutor, Elgin, Ill., for People.

Presiding Justice REINHARD delivered the opinion of the court:

Defendant, Melvin L. Booker, was found guilty by a jury in the circuit court of Lake County of the offense of burglary (Ill.Rev. Stat.1989, ch. 38, par. 19-1(a)) and was sentenced to a five-year term of imprisonment.

Defendant raises one issue on appeal: whether he was denied the effective assistance of counsel because his trial attorney failed to tender a jury instruction on the offense of criminal...

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