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PEOPLE v. HOLMES

No. 76-417.

368 N.E.2d 1106 (1977)

54 Ill. App.3d 843

11 Ill.Dec. 498

PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Willie HOLMES, Defendant-Appellee.

Appellate Court of Illinois, Third District.

October 20, 1977.

Attorney(s) appearing for the Case

Kenneth A. Grnacek, Joliet, of counsel; Edward Petka, State's Atty., Joliet, for plaintiff-appellant.

Robert J. Agostinelli, Deputy State Appellate Defender, Third Judicial District, Ottawa and Josette Skelnik, Law Student, for defendant-appellee.

ALLOY, Presiding Justice.

This is an appeal by the State pursuant to Supreme Court Rule 604(a) (Ill.Rev.Stat. 1975, ch. 110A, par. 604(a)) from an order of the Circuit Court of Will County granting a motion to dismiss the charge of armed violence on the ground of former jeopardy. The State contends that the prosecution of defendant for armed violence is not barred, under the facts in this case, on the ground of double jeopardy.

From the record it appears that...

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