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PEOPLE v. SWAGGIRT

No. 2-94-1055.

668 N.E.2d 634 (1996)

282 Ill. App.3d 692

218 Ill.Dec. 150

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert D. SWAGGIRT, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 24, 1996.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Valerie C. Faltemier (Court-appointed), Amy Kraus (Court-appointed), Office of the State Appellate Defender, Elgin, Charles M. Schiedel (Court-appointed), Supervising Atty., Supreme Court Unit, Office of the State Appellate Defender, Springfield, Charles W. Hoffman (Court-appointed), Asst. Defender, Office of the State Appellate Defender, Chicago, for Robert D. Swaggirt.

David R. Akemann, Kane County State's Attorney, St. Charles, William L. Browers, Deputy Director, State's Attorney Appellate Prosecutor, Elgin, Robert J. Biderman, State's Attys. Appellate Service Com'n, Thomas R. Dodegge, State's Attorneys Appellate Prosecutor, Springfield, for People.

Justice BOWMAN delivered the opinion of the court:

Defendant, Robert Swaggirt, was convicted of aggravated battery (Ill.Rev.Stat.1991, ch. 38, par. 12-4(a)) and armed violence (Ill. Rev.Stat.1991, ch. 38, par. 33A-2). The trial court sentenced defendant to six years' imprisonment. We reverse defendant's conviction and remand for a new trial.

The following summary of the facts is taken from the record. Defendant was charged by indictment with two counts of...

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