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PEOPLE v. PHILLIPS

No. 1-04-2655.

917 N.E.2d 110 (2009)

334 Ill.Dec. 513

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ezekiel PHILLIPS, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

September 30, 2009.

Attorney(s) appearing for the Case

Michael J. Pelletier, State Appellate Defender and Patricia Unsinn, Deputy Defender, Chicago, IL (Stephen L. Gentry, of counsel), for Appellant.

Anita Alverez, State's Atty., Chicago, IL (James E. Fitzgerald, Alan J. Spellberg & Douglas P. Harvath, Asst. State's Attys., of counsel), for Appellee.

Justice HOFFMAN delivered the opinion of the court:

This case returns to us following a remand from the supreme court. People v. Patrick, 233 Ill.2d 62, 80-81, 330 Ill.Dec. 149, 908 N.E.2d 1 (2009). When last before us, we affirmed the defendant's convictions for armed violence and aggravated battery. People v. Phillips, 371 Ill.App.3d 948, 955, 309 Ill.Dec. 582,

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