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PEOPLE v. RIVERA

No. 2-92-0528.

634 N.E.2d 347 (1994)

262 Ill. App.3d 16

199 Ill.Dec. 508

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Angel M. RIVERA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 12, 1994.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Patrick M. Carmody, Office of the State Appellate Defenders, Elgin, David A. Caulk, Rockford, for Angel M. Rivera.

Paul A. Logli, Winnebago County State's Atty., William L. Browers, Deputy Director, Robert J. Biderman, Rebecca L. White, Staff Atty., State's Attys. Appellate Prosecutors, Springfield, for the People.

Justice QUETSCH delivered the opinion of the court:

Following a jury trial in the circuit court of Winnebago County, defendant, Angel M. Rivera, was convicted of aggravated arson (Ill. Rev.Stat.1989, ch. 38, par. 20-1.1(a)(1) (now 720 ILCS 5/20-1.1(a)(1) (West 1992))) and was sentenced to a 30-year term of imprisonment. On appeal defendant raises the following issues: (1) whether the trial court erred in refusing to give the jury a lesser included offense instruction...

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