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PEOPLE v. MURPHY

No. 3-85-0686.

147 Ill. App.3d 122 (1986)

497 N.E.2d 871

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FRANKLIN MURPHY, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed September 8, 1986.

Attorney(s) appearing for the Case

Pamela A. Peters, of State Appellate Defender's Office, of Ottawa, for appellant.

Edward Petka, State's Attorney, of Joliet (Rita Kennedy Mertel, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

JUSTICE STOUDER delivered the opinion of the court:

A jury convicted the defendant, Franklin Murphy, of aggravated battery (Ill. Rev. Stat. 1985, ch. 38, par. 12-4(b)(6)). The trial court then sentenced him to a five-year term of imprisonment to be served consecutive to the two sentences he was already serving. The defendant appeals.

On April 15, 1975, the defendant was sentenced to a 20- to 30-year indeterminate term for murder...

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