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PEOPLE v. BUTLER

No. 72-198.

31 Ill. App.3d 433 (1975)

334 N.E.2d 831

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD BUTLER, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

August 14, 1975.

Attorney(s) appearing for the Case

Robert E. Farrell and Richard E. Cunningham, both of State Appellate Defender's Office, of Mt. Vernon (Kelly B. Hardwick and Bert Gates, Research Assistants), for appellant.

Robert H. Rice, State's Attorney, of Belleville (Robert L. Craig, Assistant State's Attorney, of counsel), for the People.

Affirmed in part, reversed in part and remanded.

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

The defendant, Richard Butler, was convicted of the crime of armed robbery of Max Wilson and also of the crime of armed robbery of Lloyd Hall and was sentenced to two concurrent terms of not less than 8 nor more than 15 years in the penitentiary.

The alleged robbery occurred early in the morning of May 15, 1971, in

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