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PEOPLE v. WALLER

No. 3-99-0284.

740 N.E.2d 483 (2000)

317 Ill. App.3d 390

251 Ill.Dec. 402

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel B. WALLER, Defendant-Appellant.

Appellate Court of Illinois, Third District.

November 16, 2000.

Attorney(s) appearing for the Case

Kerry J. Sluis (Court-appointed), Office of the State Appellate Defender, Ottawa, for Daniel Beau Waller.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, John Wood, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Presiding Justice SLATER delivered the opinion of the court:

Defendant Daniel B. Waller appeals from his eight-year, extended-term sentence imposed for aggravated criminal sexual abuse (720 ILCS 5/12-16(d) (West 1998)). We remand with directions.

The record shows that defendant committed the instant offense while on probation for a prior conviction of criminal sexual assault (720 ILCS 5/12-13 (West 1998)). Pursuant to pre-trial negotiations, defendant pleaded...

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