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PEOPLE v. TONEY

No. 1-97-2315.

722 N.E.2d 643 (1999)

309 Ill. App.3d 28

242 Ill.Dec. 859

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Donald TONEY, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

November 22, 1999.

Attorney(s) appearing for the Case

Rita A. Fry, Cook County Public Defender, Chicago (Timothy J. Leeming, of counsel), for Appellant.

Richard A. Devine, Cook County State's Attorney, Chicago (Renee Goldfarb, Margaret J. Campos and Barbara L. Jones, of counsel), for Appellee.

Presiding Justice FROSSARD delivered the opinion of the court:

Defendant, Donald Toney, appeals his convictions for first degree murder, attempted first degree murder, and aggravated discharge of a firearm. Codefendants Robert Foster and Frederick Luckett were tried by separate juries and are not involved in this appeal. On appeal, defendant contends that the trial court erred by (1) instructing the jury on felony murder with a predicate felony of aggravated discharge...

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