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PEOPLE v. GARZA

No. 83-1444.

125 Ill. App.3d 182 (1984)

465 N.E.2d 595

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JUAN GARZA, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed June 15, 1984.

Attorney(s) appearing for the Case

Gordon H. Berry, of State Appellate Defender's Office, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Jane E. Liechty, and William G. McGarr, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

JUSTICE SULLIVAN delivered the opinion of the court:

After a bench trial, defendant was found guilty and sentenced to concurrent eight-year terms for home invasion and rape. On appeal, he contends that: (1) in imposing sentencing the trial court improperly considered a prior arrest for a similar offense; (2) his conviction for rape must be vacated because it is a lesser-included offense of and therefore merged with his conviction for home...

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