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PEOPLE v. ROBERTS

No. 1-91-4003.

638 N.E.2d 359 (1994)

265 Ill. App.3d 400

202 Ill.Dec. 713

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Rodney ROBERTS, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

July 20, 1994.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Chicago (Alan D. Goldberg, of counsel), for appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, James E. Fitzgerald, Robyn Berman, of counsel), for appellee.

Justice RIZZI delivered the opinion of the court:

Defendant, Rodney Roberts, was found guilty of aggravated battery with a firearm (Ill.Rev.Stat.1991 ch. 38, par. 12-4.2). He was sentenced to six and one-half years in the Illinois Department of Corrections. We reverse and remand.

The issues for review by this court are (1) whether the trial court erred when it refused to instruct the jury on the lesser-included offense of reckless conduct; (2) whether the...

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