PEOPLE v. HALE

No. 3-95-0772.

682 N.E.2d 764 (1997)

289 Ill. App.3d 273

225 Ill.Dec. 20

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David M. HALE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

June 27, 1997.


Attorney(s) appearing for the Case

Kenneth D. Brown, Office of the Appellate Defender, Ottawa, Donald Casper, Springfield, for David M. Hale.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Stewart Umholtz, State's Attorney, Pekin, Nancy Rink Carter, State's Attorneys Appellate Prosecutor, Ottawa, for the People.


Presiding Justice LYTTON delivered the opinion of the court:

Defendant David M. Hale was convicted of armed violence, a Class X felony (720 ILCS 5/33A—2 (West 1994)). He was sentenced to a six-year prison term and a consecutive three-year period of probation. The sole issue on review is whether the court was authorized to impose probation. We reverse and remand for a new sentencing hearing.

FACTS

Evidence at trial established that on March...

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