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PEOPLE v. LUCKETT

No. 1-97-2005.

790 N.E.2d 865 (2003)

339 Ill. App.3d 93

274 Ill.Dec. 92

The PEOPLE Of The State Of Illinois, Plaintiff-Appellee, v. Frederick LUCKETT, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

May 9, 2003.

Attorney(s) appearing for the Case

Rita A. Fry, Cook County Public Defender, Chicago (Dennis E. Urban, of counsel), for Appellant.

Richard A. Devine, Cook County State's Attorney, Chicago (Renee Goldfarb and Alan J. Spellberg, of counsel), for Appellee.

Justice FROSSARD delivered the opinion of the court:

The issue in this case is whether it was an abuse of discretion for the trial judge to refuse to instruct the jury on the lesser mitigated offense of second degree murder based on an unreasonable belief in justification (720 ILCS 5/9-2(a)(2) (West 1996)) for the charged offenses of intentional and knowing first degree murder (720 ILCS 5/9-1(a)(1), (2) (West 1996)) where the record reflected evidence that, in self...

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