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PEOPLE v. WARNE

No. 75-403.

39 Ill. App.3d 894 (1976)

350 N.E.2d 836

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JOHN R. WARNE, Defendant-Appellee.

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

Opinion filed July 8, 1976.

Attorney(s) appearing for the Case

Peter J. Woods, State's Attorney, of Oregon (Edward N. Morris, of Illinois State's Attorneys Association, of counsel), for the People.

Steven Helfer, Public Defender, of Oregon (Robert Lindvall, Assistant Public Defender, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

The State appeals from a judgment of the trial court which dismissed a burglary charge against defendant on the grounds of double jeopardy and collateral estoppel. The conduct which formed the basis for the burglary charge had previously been the ground for revocation of defendant's sentence of probation for a prior unrelated conviction. The State contends that the court erred...

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