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PEOPLE v. WITHERS

No. 81-2795.

115 Ill. App.3d 1077 (1983)

450 N.E.2d 1323

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN HENRY WITHERS, Defendant-Appellant.

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

Opinion filed June 21, 1983.

Attorney(s) appearing for the Case

Steven Clark, of State Appellate Defender's Office, of Chicago (David S. Fleming, of Karon, Morrison, & Savikas, Ltd., of counsel), for appellant.

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

Judgment affirmed.

JUSTICE HARTMAN delivered the opinion of the court:

Defendant was found guilty by a jury of one count of armed robbery, unlawful restraint, and armed violence, but not guilty of attempted murder. Because the armed violence count was predicated upon the unlawful restraint, the circuit court entered judgment only on the armed robbery and armed violence counts. The court subsequently found defendant to be an habitual criminal and sentenced...

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