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PEOPLE v. LENHART

No. 80-153.

90 Ill. App.3d 502 (1980)

413 N.E.2d 220

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL LENHART, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed November 26, 1980.

Attorney(s) appearing for the Case

Robert Agostinelli and Karen Szpajer, both of State Appellate Defender's Office, of Ottawa, for appellant.

Edward F. Petka, State's Attorney, of Joliet (John X. Breslin and Gerry R. Arnold, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

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

The defendant appeals from a conviction for the offense of armed violence (Ill. Rev. Stat. 1979, ch. 38, par. 33A-2), on the ground that the penalty prescribed (Ill. Rev. Stat. 1979, ch. 38, par. 33A-3) is unconstitutionally severe.

The conviction arises from an incident that occurred in the early morning hours of September 15, 1979. On the evening of September 14, the...

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