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PEOPLE v. WILKEN

No. 80-115.

89 Ill. App.3d 1124 (1980)

412 N.E.2d 1071

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID T. WILKEN, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed November 6, 1980.

Attorney(s) appearing for the Case

Robert Agostinelli and Peter Carusona, both of State Appellate Defender's Office, of Ottawa, for appellant.

John D. Sloan, State's Attorney, of Aledo (John X. Breslin and Gerry R. Arnold, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE STOUDER delivered the opinion of the court:

In this appeal by the defendant, David Wilken, from his conviction, following a jury trial, of burglary, the defendant raises only one issue: whether the State's failure to comply with discovery has prejudiced him to such an extent as to require a new trial. The facts relevant to this issue follow.

The defendant's trial counsel filed several pretrial motions, including a...

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