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PEOPLE v. JOHNSON

No. 76-977.

47 Ill. App.3d 60 (1977)

361 N.E.2d 768

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOSEPH JOHNSON, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed March 17, 1977.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (John M. Kalnins, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Linda Ann Miller, and Gary W. Adair, Assistant State's Attorneys, of counsel), for the People.

Affirmed in part and reversed in part.

Mr. JUSTICE ROMITI delivered the opinion of the court:

Joseph Johnson, defendant, was charged in two complaints with battery and theft. (Ill. Rev. Stat. 1975, ch. 38, par. 12-3 and par. 16-1(a).) Following a bench trial defendant was convicted on both charges and was given two concurrent sentences of 45 days in the House of Correction. Defendant's sole contention on appeal is that both offenses arose out of the same conduct...

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