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PEOPLE v. ALLEN

No. 49737.

71 Ill.2d 378 (1978)

375 N.E.2d 1283

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES E. ALLEN, Appellant.

Supreme Court of Illinois.

Rehearing denied May 26, 1978.

Attorney(s) appearing for the Case

Denis McGrady, Jr., of McGrady & McGrady, of Gillespie, for appellant.

William J. Scott, Attorney General, of Springfield, and Kelly D. Long, State's Attorney, of Hillsboro (Donald B. Mackay and Melbourne A. Noel, Jr., Assistant Attorneys General, of Chicago, and Bruce D. Irish, of the Illinois State's Attorneys Association Prosecutors' Appellate Service, of Elgin, of counsel), for the People.

Reversed and remanded.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

In a jury trial in the circuit court of Montgomery County, defendant, James E. Allen, was convicted of the offense of theft (Ill. Rev. Stat. 1975, ch. 38, par. 16-3(a)). He was sentenced to conditional discharge, fined, and ordered to make restitution. Holding that at the time defendant's notice of appeal was filed, the circuit court had not as yet entered a final appealable...

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