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PEOPLE v. GARDNER

No. 76-362.

52 Ill. App.3d 386 (1977)

367 N.E.2d 437

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KIRBY GARDNER, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed August 29, 1977.

Attorney(s) appearing for the Case

Michael J. Rosborough and Randy E. Blue, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

K. Scott Wilzbach, State's Attorney, of Salem (Bruce D. Irish, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE EBERSPACHER delivered the opinion of the court:

Defendant, Kirby Gardner, originally pleaded guilty to the charge of rape in the circuit court of Marion County, based on plea negotiations calling for the dismissal of other charges and a sentence of three to 12 years imprisonment thereon. The trial court accepted the plea and entered judgment and sentence accordingly. On appeal to this court (People v. Gardner, ...

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