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  5. 851 N.E.2d 197 (2006)
 

PEOPLE v. GUTIERREZ

No. 1-04-3362.

851 N.E.2d 197 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Alfredo GUTIERREZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

May 17, 2006.

Attorney(s) appearing for the Case

Michael J. Pelletier, State Appellate Defender, Michael H. Orenstein, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, James E. Fitzgerald, Paula Borg, Christopher James Petelle, Assistant State's Attorneys, Chicago, for Appellee.

Justice THEIS delivered the opinion of the court:

Following a bench trial, defendant Alfredo Gutierrez was convicted of aggravated battery with a firearm and aggravated unlawful use of a weapon and was sentenced to concurrent prison terms of six years and one year respectively. On appeal, defendant contends that the trial court's assessment of a $4 additional penalty pursuant to section 5-9-1(c-9) of the Unified Code of Corrections (the Code) (730 ILCS 5/5-9-1(c-9...

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