People v. Baes

Mr. PRESIDING JUSTICE SCOTT

delivered the opinion of the court:

Rafael Baes was indicted by a grand jury for two counts of armed violence and two counts of aggravated battery. Upon a plea of not guilty, he was tried by a petit jury in the Circuit Court of Will County. That jury found Baes guilty of one count each of armed violence and aggravated battery, but was unable to reach a verdict on the remaining two counts. It was the sentencing of the defendant that provides the issues for this appeal.

A brief recital of facts is helpful to understand the issues raised. On December 8, 1978, the…