Appeal from the Circuit Court of Cook County; the Hon. FRANCIS
T. DELANEY, Judge, presiding. Affirmed in part, reversed in part.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.
(1) Count I Armed Robbery. Ill Rev Stats (1967), c 38, § 18-2.
(2) Count II Aggravated Battery. Ill Rev Stats (1967), c 38, § 12-4(a) (causing great bodily harm).
(3) Count III Aggravated Battery. Ill Rev Stats (1967), c 38, § 12-4(b) (1) (using a deadly weapon).
After a bench trial, defendant was found guilty of all three offenses. He was given concurrent sentences of 12 to 18 years on the armed robbery charge, and 1 to 5 years on each charge of aggravated battery.
1. The charged offenses arose out of the same transaction or series of transactions and, therefore, only one sentence should have been imposed.
2. The sentences imposed are excessive.
Gerald O'Brien, for the State:
At approximately 11:30 p.m. on April 15, 1967, he was leaving the 2811 Club, a tavern at Fifth and California Avenues. When he had walked 15 to 20 feet down the street toward his car to go home, he was hit with a knife in the back of the neck; then he turned around and was hit on the jaw, causing him to fall to the ground. Defendant, whom he had never seen before, stood over him, grabbed his watch, and cut at him with a knife. (He identified both the watch and the knife, which were introduced into evidence.)
Defendant told him to put his money on the sidewalk. When he reached into his pocket to get the money, defendant again sliced at him with the knife. His shirt was cut by the knife and, during further attempts to fend off the knife, his finger and the front of his neck were cut. Defendant then pocketed ...