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PEOPLE v. DEPNER

No. 79-661.

89 Ill. App.3d 689 (1980)

411 N.E.2d 1368

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

Appellate Court of Illinois — Second District.

Rehearing denied November 21, 1980.

Attorney(s) appearing for the Case

Mary Robinson and Donna R. Palm, both of State Appellate Defender's Office, of Elgin, for appellant.

Theodore J. Floro, State's Attorney, of Woodstock (Phyllis J. Perko and Martin P. Moltz, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Affirmed in part and reversed in part.

Mr. JUSTICE VAN DEUSEN delivered the opinion of the court:

Defendant appeals from his convictions of two counts of theft over $150 (Ill. Rev. Stat. 1979, ch. 38, par. 16-1(a)) for which he was sentenced to two concurrent terms of five years.

On May 31, 1975, defendant was charged by complaint with theft over $150. On June 17, 1975, the grand jury indicted defendant for two counts of theft over $150. One count...

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