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PEOPLE v. AUSTIN

No. 80-89.

93 Ill. App.3d 495 (1981)

417 N.E.2d 671

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JERRY AUSTIN, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed February 10, 1981.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (James H. Reddy, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr and Richard F. Burke, Assistant State's Attorneys, of counsel), for the People.

Affirmed in part and vacated in part.

Mr. JUSTICE PERLIN delivered the opinion of the court:

Following a bench trial the defendant, Jerry Austin, was convicted of forgery and attempt theft (Ill. Rev. Stat. 1977, ch. 38, pars. 17-3(a)(2) and 8-4) and sentenced to concurrent terms of four years and two years, respectively. He appeals, contending that the trial court erred in sentencing him on the lesser-included...

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