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PEOPLE v. CLAYTON

No. 76-403.

51 Ill. App.3d 682 (1977)

366 N.E.2d 386

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICKY CLAYTON, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed July 15, 1977.

Attorney(s) appearing for the Case

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

Clyde L. Kuehn, State's Attorney, of Belleville (Phyllis J. Perko and Martin P. Moltz, both of Illinois State's Attorneys Association, of counsel), for the People.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE JONES delivered the opinion of the court:

Defendant appeals a three- to nine-year sentence following revocation of probation. Defendant's sole contention is that the sentence imposed was arbitrary and in pursuance of a personal sentencing policy of the trial court rather than in conformance with the Code of Corrections. We must agree.

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