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PEOPLE v. HOPE

No. 2-00-0417.

761 N.E.2d 1269 (2001)

326 Ill. App.3d 857

260 Ill.Dec. 713

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Darrol K. HOPE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 28, 2001.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Jack Hildebrand (Court-appointed), Office of the State Appellate Defender, Elgin, for Darrol K. Hope.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, John X. Breslin, Deputy Director, State's Attorney Appellate Prosecutor, Ottawa, Deidre A. Donnellan, Plainsfield, for the People.

Justice BYRNE delivered the opinion of the court:

Following a jury trial, defendant, Darrol K. Hope, was convicted of one count each of aggravated battery (720 ILCS 5/12-4(b)(1) (West 2000)) and battery (720 ILCS 5/12-3(a) (West 2000)). The trial court sentenced him to 6 years' imprisonment for aggravated battery and 364 days in jail for battery. Defendant appeals his convictions, arguing that (1) he was prejudiced when the prosecutor mentioned during closing argument...

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