People v. Paez

Defendant appeals from his conviction of aggravated battery (Ill. Rev. Stat. 1973, ch. 38, par. 12 — 4(b)(6)) 1 after a jury trial and from the sentence imposed of not less than 2/2 years nor more than six years imprisonment. Defendant had also been charged with attempt rape and burglary but the jury was unable to agree on a verdict as to those charges. Prior to his sentencing on the aggravated battery charge defendant pled guilty to the offense of burglary and this was considered in the determination of the sentence.

Defendant first contends that he was not proven guilty of aggravated battery…