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PEOPLE v. MONTGOMERY

No. 4-88-0259.

176 Ill. App.3d 367 (1988)

531 N.E.2d 177

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WARDELL MONTGOMERY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied December 20, 1988.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Gloria A. Carroll, both of State Appellate Defender's Office, of Springfield, for appellant.

Donald D. Bernardi, State's Attorney, of Pontiac (Kenneth R. Boyle, Robert J. Biderman, and Linda Susan McClain, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Order affirmed.

JUSTICE LUND delivered the opinion of the court:

Following a jury trial, defendant Wardell Montgomery was convicted of two counts of aggravated battery in violation of section 12-4(b)(6) of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, par. 12-4(b)(6)). The circuit court of Livingston County sentenced defendant on one count only to an extended term of seven years' imprisonment, which term was to be served consecutively to his current...

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