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PEOPLE v. EATHERLY

No. 78-74.

78 Ill. App.3d 777 (1979)

397 N.E.2d 533

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS M. EATHERLY, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed November 16, 1979.

Attorney(s) appearing for the Case

Mary Robinson and John Lanahan, both of State Appellate Defender's Office, of Elgin, for appellant.

Dennis P. Ryan, State's Attorney, of Waukegan (Phyllis J. Perko and William L. Browers, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE NASH delivered the opinion of the court:

After a bench trial defendant, Thomas M. Eatherly, was convicted of theft of an automobile valued in excess of $150 (Ill. Rev. Stat. 1975, ch. 38, par. 16-1(a)) and criminal damage to property (Ill. Rev. Stat. 1975, ch. 38, par. 21-1) and was thereafter sentenced to 3 to 9 years for theft and 364 days for criminal damage to property to be served concurrently.

On appeal defendant...

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