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PEOPLE v. ELDERS

No. 1-02-3298.

812 N.E.2d 649 (2004)

349 Ill.App.3d 573

285 Ill.Dec. 829

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth ELDERS, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

June 29, 2004.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender (Joshua Moshe Bernstein, Assistant Appellate Defender, of Counsel), Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County (Renee Goldfarb, Margaret J. Campos, Michelle L. Feola, Assistant State's Attorneys, of Counsel), Chicago, for Appellee.

Justice BURKE delivered the opinion of the court:

Following a bench trial, defendant Kenneth Elders was convicted of possession of a controlled substance with intent to deliver within 1,000 feet of a public park and was sentenced to seven years' imprisonment. On appeal, defendant contends: (1) he did not validly waive his right to a jury trial; (2) he was denied effective assistance of counsel because counsel failed to inform him of a plea offer made by the State...

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