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PEOPLE v. DRAKEFORD

No. 69617.

139 Ill.2d 206 (1990)

564 N.E.2d 792

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. DIANN DRAKEFORD, Appellee.

Supreme Court of Illinois.

Opinion filed November 21, 1990.

Attorney(s) appearing for the Case

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

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

Judgment affirmed.

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, 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 for the same act. We hold that a defendant...

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