Justice O'CONNOR delivered the opinion of the court:
Defendant Gilberto Diaz was charged by indictment with the offenses of armed violence, armed robbery, aggravated kidnapping, attempted aggravated criminal sexual assault and aggravated battery. Following a jury trial, defendant was acquitted of all charges except one count of aggravated battery (Ill.Rev.Stat.1989, ch. 38, par. 12-4). Defendant was subsequently sentenced to 3 1/2 years imprisonment.
Defendant...
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