PEOPLE v. LUNA

No. 1-09-1131.

946 N.E.2d 1102 (2011)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Javier LUNA, Defendants-Appellants.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied April 29, 2011.


Attorney(s) appearing for the Case

Anita Alvarez , Alan J. Spellberg , Douglas P. Harvath , Brad Dickey , Office of the Cook County State's Attorney, for Plaintiff-Appellee.

Michael J. Pelletier , Alan D. Goldberg , Julieanne Johnson , Office of the State Appellate Defender, for Defendant-Appellant.


OPINION

Justice CONNORS delivered the judgment of the court, with opinion.

Defendant Javier Luna appeals following his conviction by a jury for second-degree murder. The trial court sentenced defendant to 20 years' incarceration. Defendant raises three issues on appeal: (1) whether he was entitled to a jury instruction on the lesser-included offense of involuntary manslaughter; (2) whether the trial court improperly considered an element of the offense as...

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