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PEOPLE v. ORTA

No. 1-04-2442.

836 N.E.2d 811 (2005)

361 Ill. App.3d 342

297 Ill.Dec. 80

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edwin ORTA, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

September 27, 2005.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Caroline E. Bourland, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, Cook County, Chicago (James Fitzgerald, Alan J. Spellberg, Sally Dilgart, Kathleen M. Kain, of counsel), for Appellee.

Justice WOLFSON delivered the opinion of the court:

A person charged with a crime has the right to expect his lawyer's questions to prosecution witnesses will not help the State prove its accusation. In this case, the defendant's lawyer elicited testimony from police officers that enabled the State to prove an essential element of its charge. For that reason, we reverse the defendant's conviction for possession of a controlled...

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