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PEOPLE v. BURKETT

No. 71-39.

19 Ill. App.3d 410 (1974)

311 N.E.2d 748

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES L. BURKETT, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied May 27, 1974.

Attorney(s) appearing for the Case

Robert E. Farrell and Robert E. Davison, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Donald F. Conaway, State's Attorney, of Carlyle, for the People.

Affirmed in part, reversed in part and remanded.

Mr. JUSTICE CARTER delivered the opinion of the court:

In August, 1968, the appellant was charged with two counts of burglary. He waived indictment and pleaded guilty to one count. The other was nolle prossed. He was sentenced to 5 years' probation. In July, 1970, the State filed a petition to revoke defendant's probation alleging that defendant attempted to burglarize a tavern. After a hearing on the petition...

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