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PEOPLE v. BURNSIDE

No. 76-464.

52 Ill. App.3d 524 (1977)

367 N.E.2d 733

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD A. BURNSIDE, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed September 9, 1977.

Attorney(s) appearing for the Case

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

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Malcolm F. Smith, Assistant State's Attorney, and Phyllis J. Perko and Barbara A. Preiner, both of Illinois State's Attorneys Association, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE BOYLE delivered the opinion of the court:

The defendant, Richard A. Burnside, was convicted of the offense of theft of property in excess of $150 value after a jury trial in Du Page County, Illinois, from which conviction he appeals after having been sentenced to one to three years in the Illinois Department of Corrections.

Two issues only are raised on this appeal: (1) Whether defendant was

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