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PEOPLE v. WESTMORELAND

Docket No. 2-12-0082.

997 N.E.2d 278 (2013)

2013 IL App (2d) 120082

375 Ill. Dec. 275

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank J. WESTMORELAND, Jr., Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 24, 2013.

Attorney(s) appearing for the Case

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

Robert B. Berlin , State's Attorney, of Wheaton ( Lisa Anne Hoffman and Edward R. Psenicka , Assistant State's Attorneys, of counsel), for the People.

OPINION

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

¶ 1 Defendant, Frank J. Westmoreland, Jr., appeals his conviction of armed violence (720 ILCS 5/33A-2(a) (West 2010)) in connection with the January 17, 2011, beating of a child with a belt. He contends that the evidence was insufficient to support his armed violence conviction because the belt was not a category III dangerous weapon under section 33A-1(c)(3) of the Criminal...

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