PEOPLE v. HOLLISTER

No. 75-167.

39 Ill. App.3d 514 (1976)

350 N.E.2d 373

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHARLES HOLLISTER, JR., Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied July 21, 1976.


Attorney(s) appearing for the Case

Mark Burkhalter and Robert Agostinelli, both of State Appellate Defender's Office, of Ottawa, for appellant.

Martin Rudman, State's Attorney, of Joliet (William R. Ford, Assistant State's Attorney, of counsel), for the People.


Judgment affirmed.

Mr. JUSTICE BARRY delivered the opinion of the court:

Defendant was convicted by a jury on a felony indictment charging armed violence under the Criminal Code of 1961 (Ill. Rev. Stat. 1971, ch. 38, par. 33A-2), and was sentenced to a term of not less than one nor more than two years in the penitentiary.

On appeal, defendant argues that because the elements of the felony charge of armed violence are exactly the same as the elements...

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