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PEOPLE v. LEMONS

No. 4-98-0140.

707 N.E.2d 732 (1999)

303 Ill. App.3d 259

236 Ill.Dec. 605

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Henry B. LEMONS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

February 22, 1999.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Gary R. Peterson, Asst. Defender, Office of State Appellate Defender, Springfield, for Henry B. Lemons.

Brett Irving, State's Attorney, Pittsfield, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Thomas R. Dodegge, Staff Atty., State's Attorneys Appellate Prosecutor, Springfield, for the People.

Presiding Justice KNECHT delivered the opinion of the court:

Following a bench trial, defendant was convicted of aggravated battery and resisting a peace officer (720 ILCS 5/12-4(b)(8), 31-1 (West 1996)). He received an extended 10-year term of imprisonment for the aggravated battery and a concurrent 364-day sentence on the resisting conviction. On appeal, defendant contends the court erred in imposing an extended term under section 5-5-3.2(b)(1) of the Unified Code...

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