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PEOPLE v. KIRK

No. 77-274.

62 Ill. App.3d 49 (1978)

378 N.E.2d 795

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DARRELL T. KIRK, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed July 19, 1978.

Attorney(s) appearing for the Case

Robert Agostinelli and Frank W. Ralph, both of State Appellate Defender's Office, of Ottawa, for appellant.

Michael M. Mihm, State's Attorney, of Peoria (James E. Hinterlong and Joseph A. Mueller, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed, sentence vacated and cause remanded.

Mr. PRESIDING JUSTICE STOUDER delivered the opinion of the court:

Following indictment for the offense of attempt rape, defendant, Darrell Kirk, pleaded guilty, requesting probation. The circuit court of Peoria County ordered a presentence report and following a sentencing hearing, sentenced defendant to a term of imprisonment of from 5 to 20 years. Pursuant to Supreme Court Rule 604, defendant filed...

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