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PEOPLE v. ABERNATHY

No. 2-08-0430.

926 N.E.2d 435 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Raymond D. ABERNATHY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 31, 2010.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender (Court-appointed), Kathleen J. Hamill (Court-appointed), Office of the State Appellate Defender, for Raymond D. Abernathy.

Michael J. Waller, Lake County State's Attorney, Lawrence M. Bauer, Deputy Director, Jay Paul Hoffmann, State's Attorneys Appellate Prosecutor, for the People of the State of Illinois.

Justice HUDSON delivered the opinion of the court:

Raymond D. Abernathy appeals from his conviction of aggravated battery with a firearm (720 ILCS 5/12-4.2(a)(1) (West 2004)). Alleging that he was indigent, he contends that the trial court denied him his right to counsel when, during posttrial proceedings, it denied his request to discharge his privately retained attorney and appoint a public defender. Because the trial court assumed that Abernathy was able to afford...

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