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PEOPLE v. McCLEARY

No. 1-94-2706.

663 N.E.2d 22 (1996)

278 Ill. App.3d 498

215 Ill.Dec. 272

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael McCLEARY, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied April 2, 1996.

Attorney(s) appearing for the Case

Rita Fry, Public Defender of Cook County (Todd Avery Shanker, Asst. Public Defendant, of counsel), for defendant-appellant.

Jack O'Malley, State's Attorney, County of Cook (Renee Goldfarb and Latisha Foster, Asst. State's Attorneys, of counsel), for plaintiff-appellee.

Justice WOLFSON delivered the opinion of the court:

Michael McCleary, found guilty of two voluntary manslaughter charges, contends he must be resentenced for two reasons: First, the trial court failed to advise him of his right to elect to be sentenced under the law in effect at the time the crimes were committed; second, the trial court believed consecutive sentences were required by law, when they were not.

Despite the defendant's failure to preserve these...

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