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PEOPLE v. BAITY

No. 83-66.

125 Ill. App.3d 50 (1984)

465 N.E.2d 622

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS BAITY, SR., Defendant-Appellant.

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

Opinion filed June 19, 1984.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Eve Moran and Frank P. Madea, Assistant Public Defenders, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat and James J. Bigoness, Assistant State's Attorneys, of counsel), for the People.

Affirmed in part and vacated in part.

PRESIDING JUSTICE HARTMAN delivered the opinion of the court:

Following a bench trial, the defendant, Thomas Baity, Sr., was convicted of attempted murder (Ill. Rev. Stat. 1981, ch. 38, pars. 8-4, 9-1), armed violence based on aggravated battery (Ill. Rev. Stat. 1981, ch. 38, pars. 33A-2, 12-4(a)), and aggravated battery (Ill. Rev. Stat. 1981, ch. 38, par. 12-4). The court found that the aggravated battery count merged...

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