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PEOPLE v. McMAHON

No. 78-74.

83 Ill. App.3d 137 (1980)

403 N.E.2d 781

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICKY J. McMAHON, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed April 18, 1980.

Attorney(s) appearing for the Case

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

Bruce W. Black, State's Attorney, of Pekin (John X. Breslin and Terry A. Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE BARRY delivered the opinion of the court:

The defendant, Ricky J. McMahon, was convicted in the Circuit Court of Tazewell County of burglary (Ill. Rev. Stat. 1975, ch. 38, par. 19-1). He was subsequently sentenced to the penitentiary to serve not more than 4 1/2 nor less than 1 1/2 years. The defendant appeals from his conviction.

Although the defendant raises multiple issues on appeal, we need

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