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PEOPLE v. GARDNER

No. 73-403.

22 Ill. App.3d 203 (1974)

317 N.E.2d 316

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KIRBY GARDNER, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

September 19, 1974.

Attorney(s) appearing for the Case

Robert E. Farrell and Richard E. Cunningham, of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Ronald A. Niemann, State's Attorney, of Salem, for the People.

Reversed and remanded.

Mr. PRESIDING JUSTICE GEORGE J. MORAN delivered the opinion of the court:

Defendant pled guilty to the offense of rape in the Circuit Court of Marion County pursuant to a negotiated plea, whereby all other charges pending against him were dismissed. He was sentenced to a term of not less than 3 and not more than 12 years in the Illinois State Penitentiary.

The defendant argues that his conviction should be reversed because the...

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