PEOPLE v. AUSTIN

No. 1-92-0609.

637 N.E.2d 585 (1994)

264 Ill.App.3d 976

202 Ill.Dec. 46

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

Appellate Court of Illinois, First District, Fifth Division.

June 24, 1994.


Attorney(s) appearing for the Case

Sternberg & Associates, Chicago (Gary Sternberg, of counsel), for appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Annette Collins, Robert F. Hogan, of counsel), for appellee.


Justice COUSINS delivered the opinion of the court:

Ellis Austin (defendant) appeals his attempt armed robbery conviction because the jury acquitted him of first degree murder in the same proceeding. Defendant also appeals his thirteen-year sentence rendered by the trial court.

The issues presented for review are (1) whether the jury's verdicts—finding defendant not guilty of the first degree murder charge and guilty of the attempt armed robbery charge...

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