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PEOPLE v. EMBRY

No. 3-88-0127.

179 Ill. App.3d 1059 (1989)

535 N.E.2d 87

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. STEVEN EMBRY, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Modified opinion filed April 13, 1989.

Attorney(s) appearing for the Case

Mark D. Fisher, of State Appellate Defender's Office, of Ottawa, for appellant.

Edward F. Masters, State's Attorney, of Joliet (Rita Kennedy Mertel, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Affirmed in part, and vacated in part and remanded.

JUSTICE WOMBACHER delivered the opinion of the court:

The defendant, Steven Embry, pled guilty to aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12-14) and was sentenced to 24 years in prison. He appeals, arguing that the cause must be remanded for a new sentencing hearing because the court relied on two erroneous aggravating factors in imposing his sentence. Specifically, he contends...

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