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PEOPLE v. CHARLESTON

No. 2-94-0550.

662 N.E.2d 923 (1996)

278 Ill. App.3d 392

215 Ill.Dec. 22

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gary D. CHARLESTON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 15, 1996.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Office of State Appellate Defender, Elgin, Daniel M. Kirwan, Deputy Defender, Office of State Aplt. Defender, Mt. Vernon, Edwin J. Anderson, Assistant Appellate Defender, Mount Vernon, for Gary Charleston.

Michael J. Waller, Lake County State's Attorney, Waukegan, William L. Browers, Deputy Director, State's Attorney, Appellate Prosecutor, Elgin, Stephen E. Norris, Deputy Director, State's Attorney, Appellate Prosecutor, Mt. Vernon, Robert J. Biderman, State's Attorney, Appellate Prosecutor, 4th District, Springfield, Perry Miller, Deputy Director, State's Attorney, Appellate Prosecutor, Springfield, for People.

Justice INGLIS delivered the opinion of the court:

Defendant, Gary D. Charleston, appeals from the judgment entered on his conviction of aggravated discharge of a firearm in the direction of another person. We reverse.

Defendant was indicted on two counts of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(1), (a)(2) (West 1994)). Count I alleged that, on January 23, 1994, defendant knowingly discharged a firearm "into a building" which he knew to be...

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