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PEOPLE v. LISSADE

No. 2-08-1090.

935 N.E.2d 1041 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ricardo LISSADE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

August 23, 2010.

Attorney(s) appearing for the Case

Charles M. Schiedel, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Springfield, Steven L. Clark (Court-appointed), Office of the State Appellate Defender, Chicago, for Ricardo Lissade.

Michael J. Waller, Lake County State's Attorney, Waukegan, Lawrence M. Bauer, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, David A. Hibben, Chicago, for the People.

Justice JORGENSEN delivered the opinion of the court:

Following a bench trial, defendant, Ricardo Lissade, was found guilty of unlawful restraint (720 ILCS 5/10-3(a) (West 2008)) and domestic battery (720 ILCS 5/12-3.2(a)(1) (West 2008)), and he was sentenced to five years' imprisonment on the unlawful restraint conviction. On appeal, defendant contends that his conviction of unlawful restraint must be vacated and that he should be sentenced on the lesser included...

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