LINN, Justice.
Following a jury trial, defendant, Andrew Wilbert, was found guilty of unlawful use of a weapon within five years after having been released from the penitentiary upon a felony conviction (Ill.Rev.Stat.1973, ch. 38, pars. 24-1(a)(10) and (b)). He was sentenced to a term of 3 to 10 years. Defendant on appeal contends that he should have been discharged for violation of his
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