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PEOPLE v. MORGAN

No. 76-228.

50 Ill. App.3d 962 (1977)

365 N.E.2d 1362

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KENNETH ANTHONY MORGAN, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed July 26, 1977.

Attorney(s) appearing for the Case

Ralph Ruebner and Joshua Sachs, both of State Appellate Defender's Office, of Elgin, for appellant.

Philip G. Reinhard, State's Attorney, of Rockford (Phyllis J. Perko and Stephen M. Deitsch, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

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

The defendant was convicted of burglary following a jury trial and sentenced to a term of 3 to 9 years in prison. He appeals, contending that the trial court improperly failed to consider sentencing him under section 1 of the Dangerous Drug Abuse Act (Ill. Rev. Stat. 1975, ch. 91 1/2, par. 120.1 et seq.).

The State did not introduce any evidence at the...

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