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PEOPLE EX REL. MIDDLETON v. MacDONALD

No. 79-2261.

85 Ill. App.3d 982 (1980)

407 N.E.2d 775

THE PEOPLE ex rel. JAMES G. MIDDLETON, Plaintiff-Appellee, v. NEAL MacDONALD, Warden, et al., Defendants-Appellants.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed June 18, 1980.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Clifford G. Kosoff and Timothy P. O'Neill, Assistant Public Defenders, of counsel), for appellants.

William J. Scott, Attorney General, of Chicago (Donald B. MacKay and Thomas C. Crooks, Assistant Attorneys General, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

The trial court granted petitioner James Middleton credit on his State sentence for time served in Federal custody on an unrelated and subsequently imposed Federal sentence. Respondents appeal.

On February 24, 1972, Middleton was found guilty of deviate sexual assault and aggravated battery in the circuit court of Cook County. He was sentenced to concurrent terms of five to...

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