Opinion

People v. Brown

  • 15 Ill. App. 3d 205
  • 303 N.E.2d 465
  • 1973 Ill. App. LEXIS 1637
Court
Appellate Court of Illinois
Filed
Nov 9, 1973
Status
Published
Author
Alloy
On the bench
Scott, Alloy
Cited by
4 cases
Authority
More cited than 9.8%

The opinion

Mr. PRESIDING JUSTICE ALLOY concurring in part and dissenting in part:

I concur in the above opinion as to the vacation of the sentence for burglary and affirming the sentencing for rape. I believe, however, that until the Supreme Court of Illinois renders a definitive decision in a case such as People v. Lilly, 9 Ill.App.3d 46 , 291 N.E.2d 207 , which is now pending before such court, that the prior cases have indicated a determination that (where the single sentence principle was involved and both the conviction and sentence for the lesser of the crimes arise from the same conduct as the greater crime) both the conviction and sentence as to the lesser crime should be vacated, with a proviso and condition that the conviction and sentence imposed as to the greater crime must continue to be valid and sustained through the appellate process. People v. Leggett, 2 Ill.App.3d 962 , 275 N.E.2d 651 ; People v. Short, 4 Ill.App.3d 849 , 281 N.E.2d 785 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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