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PEOPLE v. MOSHIER

No. 3-99-0604.

728 N.E.2d 822 (2000)

312 Ill. App.3d 879

245 Ill.Dec. 740

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David MOSHIER, Defendant-Appellant.

Appellate Court of Illinois, Third District.

April 20, 2000.

Attorney(s) appearing for the Case

Donna K. Kelly (argued), Office of the State Appellate Defender, Ottawa, for David W. Moshier.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Paul Mangieri, State's Attorney, Galesburg, Robert M. Hansen (argued), State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice LYTTON delivered the opinion of the court:

Defendant David Moshier pled guilty to one count of theft (720 ILCS 5/16-1(a)(1)(A) (West 1994)), and one count of official misconduct (720 ILCS 5/33-3(b) (West 1994)). The trial court sentenced him to concurrent five year prison terms. Defendant appeals, claiming that his conviction for official misconduct should be vacated on one act-one crime principles and that his sentences are excessive. We affirm in part and...

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