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PEOPLE v. BRACEY

No. 4-02-0669.

800 N.E.2d 1248 (2003)

345 Ill. App.3d 314

279 Ill.Dec. 665

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ernest BRACEY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

December 10, 2003.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender (Court-appointed), Marie F. Donnelly, Assistant Defender (argued), Office of the State Appellate Defender, Chicago, for Ernest Bracey.

Thomas J. Brown, State's Attorney, Pontiac, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Kathy Shepard, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice MYERSCOUGH delivered the opinion of the court:

In July 2000, the trial court found defendant, Ernest Bracey, guilty of aggravated battery (720 ILCS 5/12-4(b)(6) (West 2000)). In August 2000, the court sentenced defendant to two years' imprisonment to run consecutive to the sentence he was then serving. Defendant appeals, arguing that (1) his rights to a jury trial and due process of law were violated when the court proceeded with a bench trial without any...

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