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PEOPLE v. NUSSBAUM

No. 4-92-0816.

623 N.E.2d 755 (1993)

251 Ill. App.3d 779

191 Ill.Dec. 165

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kim I. NUSSBAUM, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

October 14, 1993.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of the State Appellate Defender, Springfield and Jeffrey D. Foust, Asst. Defender, for defendant-appellant.

Thomas J. Brown, State's Atty., Pontiac, Norbert J. Goetten, Director, State's Attorneys Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, and James Overholt, Staff Atty., for plaintiff-appellee.

Presiding Justice STEIGMANN delivered the opinion of the court:

After a July 1992 bench trial, the trial court convicted defendant, Kim I. Nussbaum, of child pornography (Ill.Rev.Stat. 1991, ch. 38, par. 11-20.1(a)(1)) and later sentenced him to 10 years in prison. Defendant appeals, arguing that the court (1) abused its discretion in imposing a sentence that exceeded the State's recommendation, and (2) erred in considering information other than evidence introduced...

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