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PEOPLE v. BALLENGER

No. 61331.

38 Ill. App.3d 30 (1976)

347 N.E.2d 411

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JESSIE BALLENGER, a/k/a Jesse Ballinger, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed April 19, 1976.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Deborah J. Gubin and Matthew J. Beemsterboer, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Kevin Sweeney, and Eugene J. Rudnik, Jr., Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE BURKE delivered the opinion of the court:

Defendant was found guilty at a bench trial of the offense of unlawful use of weapons and sentenced to a term of not less than 2 years and not more than 6 years' imprisonment. (Ill. Rev. Stat. 1973, ch. 38, par. 24-1(a)(4).) On appeal, defendant contends that he was arrested and searched without probable cause, and that the State failed to prove all the elements of the enhanced penalty...

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