People v. Cartee

This is an appeal from the dismissal of petitioners’ request for post-conviction relief. Petitioners Elmer Cartee and Patrick Russell urge that the Lake County circuit court failed to instruct the jury as required by the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1979, ch. 38, par. 115 — 4(i)). The State contends this issue is waived for purposes of appeal.

After a jury trial in Lake County in June 1975, petitioners were found guilty of robbery and were sentenced to 6 2/3 years to 20 years, to be served consecutively to a sentence for an unrelated previous conviction. They appealed…