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PEOPLE v. GWARTNEY

No. 4-96-0178.

683 N.E.2d 497 (1997)

289 Ill. App.3d 350

225 Ill.Dec. 329

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenny W. GWARTNEY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied July 31, 1997.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (courtappointed), John M. McCarthy, Asst. Defender, Office of State Appellate Defender, Springfield, for Kenny W. Gwartney.

Brett Irving, State's Attorney, Pittsfield, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, State's Attorneys Appellate Prosecutor, Springfield (Perry Miller, of counsel), for the People.

Justice GARMAN delivered the opinion of the court:

Following a jury trial in the circuit court of Pike County, defendant Kenny W. Gwartney was found guilty of burglary (720 ILCS 5/19-1(a) (West 1994)), armed robbery (720 ILCS 5/18-2(a) (West 1994)), and armed violence (720 ILCS 5/33A-2 (West 1994)). Subsequently, the trial court sentenced him to 18 years' imprisonment on the armed violence conviction and granted him 139 days of credit for time spent in jail prior...

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