PEOPLE v. FUELNER

No. 80-705.

104 Ill. App.3d 340 (1982)

432 N.E.2d 986

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOSEPH FUELNER, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed February 4, 1982.


Attorney(s) appearing for the Case

Ralph Ruebner, Steven Clark, and Phillip J. Zisook, all of State Appellate Defender's Office, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Joel A. Stein, and Raymond F. Brogan, Assistant State's Attorneys, of counsel), for the People.


Reversed and remanded.

PRESIDING JUSTICE JOHNSON delivered the opinion of the court:

Defendant, Joseph Fuelner, was charged by information with kidnaping, aggravated kidnaping, rape, and armed violence (Ill. Rev. Stat. 1977, ch. 38, pars. 10-1, 10-2, 11-1, 33A-2). The jury found defendant not guilty of kidnaping and aggravating kidnaping, and guilty of rape and armed violence. Defendant was sentenced to two concurrent 30-year prison terms. He appeals.

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