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PEOPLE v. LEON

No. 78-1773.

82 Ill. App.3d 344 (1980)

402 N.E.2d 844

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD LEON, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied April 18, 1980.

Attorney(s) appearing for the Case

Charles I. Schwartz, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Iris E. Sholder, and Mark S. Komessar, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed, sentence vacated and cause remanded.

Mr. JUSTICE MEJDA delivered the opinion of the court:

Defendant was found guilty of public indecency in a jury trial. (Ill. Rev. Stat. 1977, ch. 38, par. 11-9.) He was sentenced to 364 days to the Cook County Department of Corrections and fined $1000 together with court costs of $47. Defendant appeals.

The issues presented are: (1) whether defendant was properly sentenced; (2) whether he should...

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