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PEOPLE v. DRAKEFORD

No. 69617.

564 N.E.2d 792 (1990)

139 Ill.2d 206

151 Ill.Dec. 337

The PEOPLE of the State of Illinois, Appellant, v. Diann DRAKEFORD, Appellee.

Supreme Court of Illinois.

November 21, 1990.

Attorney(s) appearing for the Case

Neil F. Hartigan, Atty. Gen., Springfield, and Charles Grace, State's Atty., Murphysboro (Robert J. Ruiz, Sol. Gen., and Terence M. Madsen and Jack Donatelli, Asst. Attys. Gen., Chicago, and Kenneth R. Boyle, Stephen E. Norris and Raymond F. Buckley, of the Office of the State's Attys. Appellate Prosecutor, Mount Vernon, of counsel), for the People.

Daniel M. Kirwan, Deputy Defender, and E. Joyce Randolph, Asst. Defender, of the Office of the State Appellate Defender, Mount Vernon, for appellee.

Justice CLARK delivered the opinion of the court:

The issue before this court is whether, in light of our decision in People v. Alejos (1983), 97 Ill.2d 502, 74 Ill.Dec. 18, 455 N.E.2d 48, a defendant can be sentenced for armed violence predicated on aggravated battery causing great bodily harm if a simultaneous conviction for second degree murder has been returned against a defendant...

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