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PEOPLE v. STORY

No. 82-2366.

114 Ill. App.3d 1029 (1983)

449 N.E.2d 935

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DENNIS STORY, Defendant-Appellant.

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

Opinion filed May 19, 1983.

Attorney(s) appearing for the Case

Steven M. Levin, of Hayman, Kirshenbaum & Levin, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat and Paula Carstensen, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

PRESIDING JUSTICE ROMITI delivered the opinion of the court:

Defendant Dennis Story was indicted for attempted rape and unlawful restraint. (Ill. Rev. Stat. 1981, ch. 38, pars. 8-4, 11-1, 10-3.) Following a bench trial he was found guilty of both offenses; the unlawful restraint was then merged into the attempted rape. Defendant filed a post-trial motion challenging the conviction. In response the court vacated the attempted rape conviction...

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