PEOPLE v. ROBERTS

No. 4-03-0892.

814 N.E.2d 174 (2004)

351 Ill. App.3d 684

286 Ill.Dec. 524

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael L. ROBERTS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided July 30, 2004.


Attorney(s) appearing for the Case

Phillip R. Lamkin (argued), Lamkin & Lamkin, P.C., Clinton, for Michael L. Roberts.

Jerry A. Johnson, State's Attorney, Clinton, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, James C. Majors, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, Springfield, for the People.


Justice COOK delivered the opinion of the court:

Defendant, Michael L. Roberts, was charged and convicted by a jury of one count of domestic battery (720 ILCS 5/12-3.2(a)(1) (West 2002)). On appeal, he argues that the trial court did not properly instruct the jury and did not provide the jury with the proper verdict forms. We reverse.

On February 26, 2003, the State filed a one-count information, charging defendant with domestic battery of his 16-year-old...

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