PEOPLE v. FRANCIS

No. 4-99-0053.

719 N.E.2d 335 (1999)

307 Ill. App.3d 1013

241 Ill.Dec. 474

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert FRANCIS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

October 14, 1999.


Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court appointed), Lawrence J. Essig, Assistant Defender, Office of State Appellate Defender, Springfield, for Robert Francis.

John C. Piland, Champaign County State's Attorney, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, State's Attorneys Appellate Prosecutor, Springfield (Jennifer Albright, of counsel), for the People.


Justice STEIGMANN delivered the opinion of the court:

In November 1998, a jury convicted defendant, Robert Francis, of aggravated assault (720 ILCS 5/12-2(a)(1) (West 1998)). The trial court later sentenced him to probation subject to certain conditions. Defendant appeals, arguing that the trial court erred by refusing his request to instruct the jury on self-defense. Because we agree, we reverse and remand for a new trial.

I. BACKGROUND

The aggravated...

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