August 8, 2007
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from
) the Circuit Court
Plaintiff-Appellee, ) of Cook County.
v. ) No. 02 CR 31336-03
JONATHAN WASHINGTON, ) Honorable
) Robert M. Smierciak,
Defendant-Appellant. ) Judge Presiding.
PRESIDING JUSTICE THEIS delivered the opinion of the court:
Following a jury trial, defendant Jonathan Washington was convicted of armed robbery
and sentenced to seven years’ imprisonment. On appeal, defendant contends that: (1) the trial
court committed reversible error when it refused to instruct the jury on the lesser included offense
of theft; (2) he was denied his sixth amendment right to effective assistance of counsel where
counsel failed to request that the trial court answer a question submitted by the jury during
deliberations; and (3) he was denied his right to a fair trial when the prosecutor misstated facts
central to the case in closing argument. For the following reasons, we affirm.
Defendant was charged with multiple counts of armed robbery (720 ILCS 5/18-2 (West
2002)), aggravated robbery (720 ILCS 5/18-5 (West 2002)), and robbery (720 ILCS 5/18-1
(West 2002)) in connection with the robbery of Derrius Perry, which occurred shortly after