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PEOPLE v. BROCKSMITH

No. 74833.

642 N.E.2d 1230 (1994)

162 Ill.2d 224

205 Ill.Dec. 113

The PEOPLE of the State of Illinois, Appellant, v. Jack BROCKSMITH, Appellee.

Supreme Court of Illinois.

October 20, 1994.

Attorney(s) appearing for the Case

Roland Burris, Atty. Gen., Springfield, and Michael J. Herr, State's Atty., Aledo (Norbert J. Goetten, John X. Breslin and Gary F. Gnidovec, Office of the State's Attys. Appellate Prosecutor, Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Peter A. Carusona, Asst. Defender, Office of the State Appellate Defender, of Ottawa, for appellee.

Justice MILLER delivered the opinion of the court:

Defendant, Jack Brocksmith, was charged in the circuit court of Mercer County with the offense of theft by deception, a Class 3 felony. Following trial, an instructions conference was held at which time defense counsel successfully tendered an instruction on the included offense of deceptive practices, a misdemeanor. The jury found defendant not guilty of theft by deception, but convicted defendant of deceptive practices...

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