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PEOPLE v. DAVIS

No. 81-2444.

114 Ill. App.3d 537 (1983)

449 N.E.2d 237

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WAYNE DAVIS, Defendant-Appellant.

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

Opinion filed May 10, 1983.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Robert D. Glick, Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Bruce A. Cardello, and Denise O'Malley, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE PERLIN delivered the opinion of the court:

In a jury trial, defendant, Wayne Davis, was found guilty of rape, deviate sexual assault, armed robbery and unlawful restraint. The trial court held that the deviate sexual assault conviction merged into the rape conviction and sentenced defendant to serve 30 years in the Illinois Department of Corrections for rape and 20 years for armed robbery, the sentences to run concurrently

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