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PEOPLE v. MARTIN

No. 1-90-0699.

603 N.E.2d 603 (1992)

236 Ill. App.3d 112

177 Ill.Dec. 533

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dale MARTIN, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied November 4, 1992.

Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender of Cook County, Chicago (Murray M. Coffey, Karen E. Tietz, Asst. Public Defenders, of counsel), for defendant-appellant. Jack O'Malley, Cook County State's Atty., Chicago (Renee Goldfarb, Asst. State's Atty., Christine Perille, Sp. Asst. State's Atty., of counsel), for plaintiff-appellee.

Presiding Justice BUCKLEY delivered the opinion of the court:

Following a jury trial, defendant Dale Martin was found guilty of first-degree murder. The trial judge sentenced defendant to 30 years in the Illinois Department of Corrections. Defendant raises three issues on appeal.

First, defendant asserts that the trial court erred in denying the defense's request that the jury be instructed as to lesser-included offenses simply because such instructions were...

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