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PEOPLE v. PHELPS

No. 1-99-4099.

768 N.E.2d 168 (2002)

329 Ill. App.3d 1

263 Ill.Dec. 408

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kevin PHELPS, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

March 29, 2002.

Attorney(s) appearing for the Case

Winston & Strawn, Chicago (Shannon K. McDaniel, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County (Renee Goldfarb, James E. Fitzgerald and Kathleen C. Johnson, of counsel), for Appellee.

Justice MCNULTY delivered the opinion of the court:

A jury found defendant, Kevin Phelps, guilty of aggravated kidnaping and heinous battery. The trial court imposed consecutive sentences for the offenses. When this case first came before us, we affirmed the convictions and sentences, but modified the sentences to run concurrently. Our supreme court vacated our opinion and instructed us to reconsider the decision in light of People v. Carney,

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