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PEOPLE v. MALONE

No. 72-270.

18 Ill. App.3d 397 (1974)

309 N.E.2d 325

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. OTHA CHARLES MALONE, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing petitions denied April 10 and April 24, 1974.

Attorney(s) appearing for the Case

Ralph Ruebner, Deputy Defender, of Elgin (Richard Wilson, Assistant Appellate Defender, of counsel), for appellant.

Gerry L. Dondanville, State's Attorney, of Geneva (Clarence Wittenstrom, Assistant State's Attorney, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

Defendant appeals from the order revoking his probation and imposing a sentence of not less than 11 or more than 16 years to the Illinois State Penitentiary. Defendant was indicted in December 1967 for aggravated incest and indecent liberties with a child, namely, his step-daughter, Deborah. As a result of a plea bargain, and because his counsel

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