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PEOPLE v. KONDO

No. 77-18.

51 Ill. App.3d 874 (1977)

366 N.E.2d 990

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. THOMAS J. KONDO, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed August 4, 1977.

Attorney(s) appearing for the Case

Howard L. Hood, State's Attorney, of Murphysboro (Bruce D. Irish and Keith P. Vanden Dooren, both of Illinois State's Attorneys Association, of counsel), for the People.

Mitchell & Armstrong, Ltd., of Marion, for appellee.

Judgment affirmed.

Mr. JUSTICE EBERSPACHER delivered the opinion of this court:

This is an appeal by the State from the judgment entered by the circuit court of Jackson County dismissing the charge of unlawful use of weapons filed against defendant, Thomas J. Kondo. The only question presented for review is whether the denial of a petition for revocation of probation collaterally estops the State from subsequently prosecuting the defendant for the offense...

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