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PEOPLE v. GOMEZ

No. 78-350.

84 Ill. App.3d 785 (1980)

406 N.E.2d 886

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GABRIEL GOMEZ, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed June 11, 1980.

Attorney(s) appearing for the Case

John W. Robertson and Douglas G. Olson, both of Bozeman, Neighbour, Patton & Noe, of Moline, for appellant.

Edward Keefe, State's Attorney, of Rock Island (John X. Breslin and Gerry R. Arnold, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE BARRY delivered the opinion of the court:

Following a jury trial in the Circuit Court of Rock Island County, the defendant, Gabriel Gomez, was found guilty of the offense of burglary (Ill. Rev. Stat. 1977, ch. 38, par. 19-1). Subsequently, he was sentenced to serve a term of 5 years in the penitentiary. On appeal from his conviction, the defendant presents two issues for our consideration: First, does the fact that a mistrial...

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