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PEOPLE v. KIDD

No. 4-95-0523.

692 N.E.2d 455 (1998)

295 Ill. App.3d 160

229 Ill.Dec. 682

The PEOPLE of the State of Illinois Plaintiff-Appellee, v. Antonio D. KIDD, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

March 20, 1998.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Michele A. Knapp, Office of State Appellate Defender, Springfield, for Antonio D. Kidd.

Patrick W. Kelley, State's Attorney, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Kathy Shepard, Staff Atty., State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice COOK delivered the opinion of the court:

After a jury trial, defendant was found guilty of first degree murder (felony murder) and the aggravated battery of Anthony Lipsey. 720 ILCS 5/9-1(a)(3), 12-4(a) (West 1994). On appeal, defendant argues (1) the trial court erred in refusing his proposed jury instructions for second degree murder, and (2) his sentence of imprisonment should be credited with one additional day.

On October 6, 1994, Anthony Lipsey...

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