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PEOPLE v. PLAIR

No. 76-147.

51 Ill. App.3d 75 (1977)

366 N.E.2d 410

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. SCOTT PLAIR, Defendant-Appellant.

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

Opinion filed July 18, 1977.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Marc Fogelberg, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, James S. Veldman, and Louis R. Schroeder, Assistant State's Attorneys, of counsel), for the People.

Affirmed in part and vacated in part.

Mr. JUSTICE BUA delivered the opinion of the court:

The defendant was indicted for unlawful use of weapons (Ill. Rev. Stat. 1973, ch. 38, par. 24-1(a)(7)), and, under an enhanced penalty provision, for committing that same offense within five years of his release from the penitentiary on a felony conviction. (Ill. Rev. Stat. 1973, ch. 38, par. 24-1(b)).1 A jury in the Circuit Court of Cook...

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