A jury in the circuit court of Cook County found the defendant, Donald G. Stewart, guilty of aggravated battery and attempt to commit robbery, and he was sentenced to imprisonment for a term of not less than four nor more than six years on each offense, the sentences to run concurrently. The appellate court affirmed ( 106 Ill. App.2d 149), and we allowed the defendant's pro se petition for leave to appeal. In this court the defendant first contends that the identification testimony was insufficient to establish his guilt beyond a reasonable doubt.
We agree both were "separate and distinct acts." People v. Stewart, 106 Ill. App.2d 149, 245 N.E.2d 611 (1969). Finally considered is defendant's contention that the sentences imposed were improper. He argues that the sentence of ten to twenty years was excessive, knowing that defendant was thirty years old and had never been convicted of a crime before.