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PEOPLE v. SIMMONS

No. 2-87-0652.

171 Ill. App.3d 325 (1988)

524 N.E.2d 1269

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TERRY T. SIMMONS, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed June 14, 1988.

Attorney(s) appearing for the Case

William P. Brady, of Gallagher, Fuenty & Klein, of De Kalb, for appellant.

Philip L. DiMarzio, State's Attorney, of Sycamore (William L. Browers and Martin P. Moltz, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE WOODWARD delivered the opinion of the court:

Defendant, Terry Simmons, appeals his convictions and sentence for battery (Ill. Rev. Stat. 1985, ch. 38, par. 12-3). Defendant contends that he did not validly waive his right to a jury trial and that his 18-month term of probation is longer than the statutory maximum for this offense.

Defendant was initially charged with two counts of battery. On February 10, 1987, attorney...

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