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PEOPLE v. PIERCE

No. 79-477.

80 Ill. App.3d 514 (1980)

400 N.E.2d 62

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID E. PIERCE, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed January 16, 1980.

Attorney(s) appearing for the Case

Martin Tiersky, of Lincolnwood, for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr and Myra J. Brown, Assistant State's Attorneys, of counsel), for the People.

Affirmed in part, and reversed in part and remanded.

Mr. PRESIDING JUSTICE PERLIN delivered the opinion of the court:

Following a second bench trial defendant, David Pierce, was convicted of battery (Ill. Rev. Stat. 1977, ch. 38, par. 12-3(a)(1)) and sentenced to one year probation on condition that he be incarcerated for the first 30 days. On appeal, defendant contends that his sentence was not proper because it exceeded the sentence imposed at his first...

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