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PEOPLE v. KILLION

Nos. 13844, 14010 cons.

50 Ill. App.3d 433 (1977)

365 N.E.2d 1155

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. BILLY BERDALE KILLION, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed July 18, 1977.

Attorney(s) appearing for the Case

Richard J. Wilson and John L. Swartz, both of State Appellate Defender's Office, of Springfield, for appellant.

Thomas J. Difanis, State's Attorney, of Urbana (Robert C. Perry, of Illinois State's Attorneys Association, of counsel), for the People.

Judgments affirmed, sentences vacated, and causes remanded.

Mr. JUSTICE MILLS delivered the opinion of the court:

Two criminal cases against Killion were consolidated for appeal and the only questions raised concern the sentences.

In one case, defendant was convicted of burglary and received a sentence of imprisonment of 5 to 15 years. In the other, he pleaded guilty to attempt burglary and was sentenced to 3 years probation. After his burglary conviction...

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