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PEOPLE v. SIZEMORE

No. 4-91-0532.

590 N.E.2d 520 (1992)

226 Ill. App.3d 956

168 Ill.Dec. 883

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Okell J. SIZEMORE, Jr., Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

March 31, 1992.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Karen Munoz, Asst. Defender, for defendant-appellant.

John B. Huschen, State's Atty., Eureka, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Rebecca L. White, Staff Atty., for plaintiff-appellee.

Justice McCULLOUGH delivered the opinion of the court:

Following a jury trial in the circuit court of Woodford County, defendant Okell J. Sizemore was sentenced to a term of imprisonment of 90 months on his conviction for criminal sexual assault. (Ill.Rev.Stat. 1989, ch. 38, par. 12-13(a)(4).) Defendant was given credit for 71 days served in custody prior to sentencing.

On appeal, defendant raises two issues. Defendant argues he should have been given credit...

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