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PEOPLE v. DIETERMAN

No. 2-91-0225.

613 N.E.2d 298 (1993)

243 Ill. App.3d 838

184 Ill.Dec. 271

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard DIETERMAN, Jr., Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 30, 1993.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Steven E. Wiltgen, Office of the State Appellate Defender, and Sherry R. Silvern, Aurora and David H. Towns, Belvidere, for Richard Dieterman, Jr.

Roger T. Russell, Boone County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, State's Attys. Appellate Prosecutor, 4th Dist. and Denise M. Ambrose, Sr. Staff Atty., S.A.A.S.C., Springfield, for the People.

Justice COLWELL delivered the opinion of the court:

The trial court granted the State's petition to revoke the probation of defendant, Richard Dieterman, and resentenced defendant to 2½ years' imprisonment. On appeal, defendant claims that his underlying conviction of felony driving while his license was revoked (Ill.Rev.Stat.1991, ch. 95½, par. 6-303(d)) violated the prohibition against double jeopardy in both...

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