People v. Jung Oh Kim

Following a jury trial, Jung Oh Kim was convicted of rape, armed robbery, aggravated battery and unlawful restraint. He was sentenced to concurrent terms of 11 years for rape and armed robbery, 5 years for aggravated battery and 3 years for unlawful restraint.

Defendant appeals, contending: (1) he was denied a fair trial because of repeated instances of prosecutorial misconduct; (2) the sentences of 11 years for rape and armed robbery were excessive; and (3) his conviction for unlawful restraint should be vacated as it violates the one-act, one-crime rule.

We affirm in part and vacate in part.

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