PEOPLE v. FIALA

No. 79-905.

85 Ill. App.3d 397 (1980)

406 N.E.2d 931

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

Appellate Court of Illinois — Third District.

Opinion filed June 25, 1980.


Attorney(s) appearing for the Case

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

Edward F. Petka, State's Attorney, of Joliet (John X. Breslin and Kenneth A. Wilhelm, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Judgment affirmed and cause remanded.

Mr. JUSTICE SCOTT delivered the opinion of the court:

The defendant, Thomas Fiala, was convicted of armed robbery following a bench trial and was sentenced to a nine-year term of imprisonment. Only one issue is raised on appeal: whether the defendant's conviction for armed robbery should be reduced to simple robbery where the evidence presented was insufficient to establish, beyond a reasonable doubt, that the defendant...

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