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PEOPLE v. PAYTON

No. 1-03-1317.

826 N.E.2d 1011 (2005)

356 Ill. App.3d 574

292 Ill.Dec. 575

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jean PAYTON, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

March 24, 2005.

Attorney(s) appearing for the Case

Public Defender of Cook County, Chicago (Michael J. Pelletier, Deputy Defender, and Samuel Algozin, Assistant Appellate Defender, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Assistant State's Attorneys Renee Goldfarb, Peter Fischer and Heather Weiss, of counsel), for Appellee.

Justice QUINN delivered the opinion of the court:

Following a jury trial, defendant Jean Payton was found guilty of first degree murder and sentenced to 25 years in prison. On appeal, defendant contends that: (1) the trial court improperly instructed the jury regarding first degree murder and precluded the jury from considering the offense of second degree murder; (2) the trial court provided an improper response to the jury's question regarding the elements of first...

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