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PEOPLE v. MOSLEY

No. 3-97-0014.

702 N.E.2d 280 (1998)

299 Ill. App.3d 725

234 Ill.Dec. 114

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dennis LaVelle MOSLEY, Defendant-Appellant.

Appellate Court of Illinois, Third District.

October 22, 1998.

Attorney(s) appearing for the Case

Dan Kirwan, Deputy Defender, Edwin J. Anderson, Assistant Appellate Defender (argued), Office of the State Appellate Defender, Mount Vernon, for Dennis LaVelle Mosley.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, Terry A. Mertel (argued), State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice HOMER delivered the judgment of the court and the following opinion:

The defendant was convicted in a jury trial of first degree murder (720 ILCS 5/9-1(a)(1) (West 1994)) and sentenced to a term of 40 years imprisonment. The defendant appeals, contending that the trial court erred in striking his affirmative defense of compulsion. He also challenges the constitutionality of the "truth-in-sentencing" statute. Although we

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