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PEOPLE v. KELLY

No. 78-280.

75 Ill. App.3d 695 (1979)

393 N.E.2d 743

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FRANCIS LEE KELLY, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed August 28, 1979.

Attorney(s) appearing for the Case

Mary Robinson and David S. Morris, both of State Appellate Defender's Office, of Elgin, for appellant.

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Robert L. Thompson, Assistant State's Attorney, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

Section 8-2-4(b) of the Unified Code of Corrections (Ill. Rev. Stat. 1978 Supp., ch. 38, par. 1008-2-4(b)) provides in part as follows:

"* * * If the defendant has not been sentenced before the effective date of this amendatory Act of 1977, he shall have the right to elect to be sentenced under the law as it existed at the time of his offense or under the law in effect...

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