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PEOPLE v. SWARTZ

No. 72-13.

13 Ill. App.3d 871 (1973)

301 N.E.2d 165

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WILLIAM SWARTZ, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

August 24, 1973.

Attorney(s) appearing for the Case

Robert E. Farrell, of Defender Project, of Mt. Vernon, (Richard E. Cunningham, Staff Attorney, and Luther Simmons, Senior Law Student, of counsel,) for appellant.

Robert H. Rice, State's Attorney, of Belleville, (Philip G. Feder, of counsel,) for the People.

Judgment affirmed and sentence modified.

Mr. JUSTICE CREBS delivered the opinion of the court:

William Swartz was convicted of the offense of burglary after a jury trial in the circuit court of St. Clair County. He was sentenced to a term of not less than fifteen nor more than twenty-five years in the Illinois State Penitentiary. Due to unusual circumstances the case is now here on direct appeal.

Appellant's brief presents five issues for review. First...

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