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PEOPLE v. WHEELER

No. 3-08-0208.

929 N.E.2d 99 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Derrick WHEELER, Defendant-Appellant.

Appellate Court of Illinois, Third District.

May 12, 2010.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, Office of the State Appellate Defender, Ottawa, IL, for Derrick Wheeler.

Terry A. Mertel, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, IL, James Glasgow, State's Attorney, Joliet, IL, Robert J. Biderman, John Teefey, State's Attorneys Appellate Prosecutor, Springfield, IL, for the People.

Justice SCHMIDT delivered the opinion of the court:

A jury found defendant, Derrick Wheeler, guilty of first degree murder. Thereafter, the circuit court sentenced defendant to a term of 34 years in the Department of Corrections. Defendant appeals, arguing that: (1) he was not proven guilty beyond a reasonable doubt; and (2) he was deprived a fair trial due to counsel's failure to tender a jury instruction regarding testimony of an accomplice. We reverse and remand...

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