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PEOPLE v. LAFOND

No. 3-02-0426.

799 N.E.2d 518 (2003)

343 Ill. App.3d 981

278 Ill.Dec. 800

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James E. LaFOND, Defendant-Appellant.

Appellate Court of Illinois, Third District.

October 23, 2003.

Attorney(s) appearing for the Case

Peter A. Carusona, Office of the State Appellate Defender, Ottawa, Kelli M. Childress, Batavia, for James LaFond.

Lawrence M. Bauer, Deputy Director, Sabrina H. Henry, State's Attorneys Appellate Prosecutor, Ottawa, Edward D. Smith, State's Attorney, Kankakee, for the People.

Justice HOLDRIDGE delivered the opinion of the court:

The defendant, James E. LaFond, was charged with aggravated battery (720 ILCS 5/12-4(b)(6) (West 2000)) and resisting a peace officer (720 ILCS 5/31-1(a) (West 2000)). Following the first jury trial, the judge declared a mistrial, stating that the defendant had not agreed to proceed with 11 jurors after 1 juror was hospitalized. At the conclusion of a second jury trial, the defendant was found guilty of both offenses...

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