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PEOPLE v. CERVANTES

No. 2-11-0191.

991 N.E.2d 521 (2013)

2013 IL App (2d) 110191

372 Ill. Dec. 214

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jose L. CERVANTES, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 11, 2013.

Attorney(s) appearing for the Case

Thomas A. Lilien , Kathleen J. Hamill , State Appellate Defender's Office, Elgin, for appellant.

Joseph H. McMahon , State's Attorney, St. Charles ( Lawrence M. Bauer , Sally A. Swill , State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

Justice ZENOFF delivered the judgment of the court, with opinion.

¶ 1 Defendant, Jose L. Cervantes, appeals from an order of the circuit court of Kane County finding him guilty of the offense of armed violence (720 ILCS 5/33A-2(a) (West 2008)) following a trial without a jury. We reverse and remand.

¶ 2 BACKGROUND

¶ 3 On March 9, 2009, a grand jury indicted defendant as follows: count I, armed violence; count II,...

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