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PEOPLE v. ELLIOTT

No. 4-97-0802.

702 N.E.2d 643 (1998)

299 Ill. App.3d 766

234 Ill.Dec. 303

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Derick E. ELLIOTT, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

November 4, 1998.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed) (Randall B. Rosenbaum, of counsel), Office of State Appellate Defender, Springfield, for Derick E. Elliott.

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

Presiding Justice GARMAN delivered the opinion of the court:

Following a bench trial in the circuit court of Morgan County, defendant Derick Elliott was found guilty of two counts of armed robbery (720 ILCS 5/18-2(a) (West 1996)) and two counts of robbery (720 ILCS 5/18-1 (West 1996)). He was sentenced on the armed robbery counts to concurrent terms of 13 years in prison. He now appeals, arguing (1) pepper spray is not...

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