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PEOPLE v. LEWIS

No. 4-00-0746.

763 N.E.2d 422 (2002)

327 Ill. App.3d 285

261 Ill.Dec. 452

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Roy L. LEWIS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

January 29, 2002.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Judith L. Libby, Assistant Defender, Office of the State Appellate Defender, Springfield, Joshua D. Carter (argued), for Roy L. Lewis.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Thomas R. Dodegge, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice STEIGMANN delivered the opinion of the court:

In June 2000, a jury convicted defendant, Roy L. Lewis, of aggravated battery of a person 60 years of age or older (720 ILCS 5/12-4(b)(10) (West 2000)). The trial court later sentenced him to five years in prison with credit for 106 days served in custody prior to sentencing.

Defendant appeals, arguing that (1) the trial court erred by tendering jury instructions that did not include the required element...

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