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PEOPLE v. STACK

No. 4-92-0852.

633 N.E.2d 42 (1994)

261 Ill. App.3d 191

198 Ill.Dec. 580

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James J. STACK, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

April 13, 1994.

Attorney(s) appearing for the Case

David P. Bergschneider, Legal Director, Office of State Appellate Defender, Administrative Office, Springfield, for appellant.

Charles G. Reynard, State's Atty., McLean County Law & Justice Center, Bloomington, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, James Majors, Staff Atty., for appellee.

Justice LUND delivered the opinion of the court:

Following a jury trial in the circuit court of McLean County, defendant James Stack was convicted of aggravated battery (Ill.Rev.Stat. 1991, ch. 38, par. 12-4(b)(6)) and sentenced to a term of five years' imprisonment, to be served consecutively to a prison term he was currently serving for another offense. He now appeals, claiming a new trial is necessary because the trial court erroneously believed it was required...

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