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PEOPLE v. ANDREWS

No. 3-04-0442.

850 N.E.2d 888 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Stewart E. ANDREWS, III, Defendant-Appellant.

Appellate Court of Illinois, Third District.

June 20, 2006.

Attorney(s) appearing for the Case

G. Joseph Weller and Mark G. Levine (Court-appointed), Office of the State Appellate Defender, Elgin, for Stewart Andrews III.

Lawrence M. Bauer, Deputy Director, Sabrina S. Henry, State's Attorneys Appellate Prosecutor, Ottawa, Paul Mangieri, State's Attorney, Galesburg, for the People.

Justice McDADE delivered the opinion of the court:

Defendant was convicted of aggravated battery, a Class 3 felony. 720 ILCS 5/12-4 (b)(6), (e) (West 2000). Defendant appealed his conviction and we affirmed. Defendant then filed a motion for postconviction relief which was subsequently denied by the trial court. Now, on appeal from the denial of his postconviction petition, defendant for the first time, argues he is entitled to a sentence credit. For the following...

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