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PEOPLE v. MOORE

No. 57850.

15 Ill. App.3d 691 (1973)

304 N.E.2d 691

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DARRYL MOORE, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

October 31, 1973.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago, (Shelvin Singer, Assistant Public Defender, of counsel,) for appellant.

Bernard Carey, State's Attorney, of Chicago, (Kenneth L. Gillis, William K. Hedrick, and Nicholas P. Iavarone, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. PRESIDING JUSTICE BURMAN delivered the opinion of the court:

The defendant, Darryl Moore, was indicted on a charge of rape. He waived trial by jury, was found guilty as charged and was sentenced to the Illinois State Penitentiary for a period of not less than five years nor more than ten years.

The issues raised by defendant on this appeal are: (1) whether the statutory minimum sentence of four years without possibility of probation...

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