People v. Shumate

Defendant, Lamont Shumate, was charged in an information with robbery, attempt robbery and aggravated battery. (Ill. Rev. Stat. 1977, ch. 38, pars. 18-1, 8-4 and 12-4(a).) In a jury trial defendant was found guilty of attempt robbery and the lesser included offense of battery. He was acquitted of robbery and aggravated battery. For the attempt robbery defendant was sentenced to serve an extended term of eight years in the Department of Corrections, and for battery he received a concurrent term of 364 days. From these judgments and sentences defendant has appealed, presenting the following issues for review: (1) whether the State denied defendant a fair trial where the prosecutor, in response to a remark by defense counsel in his opening statement, objected and commented that defendant could get out on probation; and (2) whether the trial court committed error in imposing the foregoing sentences. For reasons hereinafter set forth we affirm both the judgments and the sentences imposed thereon.