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PEOPLE v. KILGORE

No. 74-116.

33 Ill. App.3d 557 (1975)

338 N.E.2d 124

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JIMMY DALE KILGORE, Defendant-Appellant.

Appellate Court of Illinois — Second District (1st Division).

November 17, 1975.

Attorney(s) appearing for the Case

Frank Wesolowski, Jr., Public Defender, of Wheaton (Robert H. Heise, Assistant Public Defender, of counsel), for appellant.

John J. Bowman, State's Attorney, of Wheaton (Malcolm F. Smith, Assistant State's Attorney, of counsel), for the People.

Judgment affirmed as modified.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

Following a bench trial defendant was convicted of theft exceeding $150 and of possession of a motor vehicle with a falsified identification number (Ill. Rev. Stat. 1973, ch. 38, par. 16-1(a)(1), and ch. 95 1/2, par. 4-103(b)). He was sentenced to a single term of 3-10 years in the penitentiary which included a mandatory 3-year parole term. This court

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