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PEOPLE v. LUCAS

No. 15889.

85 Ill. App.3d 133 (1980)

406 N.E.2d 214

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RUSSELL J. LUCAS, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed June 6, 1980.

Attorney(s) appearing for the Case

Richard J. Wilson and Janet Sinder, both of State Appellate Defender's Office, of Springfield, for appellant.

Ken Boyle, State's Attorney, of Carlinville (Gary J. Anderson and Darryl D. Pratscher, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

After trial by jury in the circuit court of Macoupin County, defendant, Russell Lucas, was, on October 17, 1979, convicted of aggravated battery occurring on June 16, 1979. He was then sentenced to an extended term of 6 years' imprisonment. On appeal he asserts (1) the Illinois provision for extended term imprisonment (Ill. Rev. Stat., 1978 Supp., ch. 38, par. 1005-5-3.2(b)(1)) is...

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