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PEOPLE v. SPEARS

No. 2-90-0244.

582 N.E.2d 227 (1991)

221 Ill. App.3d 430

164 Ill.Dec. 19

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Charles D. SPEARS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 15, 1991.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, David W. Devinger, Office of the State Appellate Defender, David S. Morris, Chicago, for Charles D. Spears.

Paul A. Logli, Winnebago County State's Attorney, Rockford, William L. Browers, Deputy Director, Cynthia N. Schneider, State's Attys. Appellate Prosecutor's, Elgin, for the People.

Justice BOWMAN delivered the opinion of the court:

Defendant, Charles Spears, was convicted of attempted first degree murder (Ill. Rev.Stat.1989, ch. 38, pars. 8-4(a), 9-1(a)(1)) and was sentenced to a term of 20 years' imprisonment. He appeals his sentence, contending that the trial court relied on erroneous information in the presentence report, that the trial court relied on the threat of physical harm as an aggravating factor when it was implicit in the offense...

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