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PEOPLE v. ALLEN

No. 16407.

97 Ill. App.3d 38 (1981)

422 N.E.2d 254

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MAURICE ALLEN, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed June 9, 1981.

Attorney(s) appearing for the Case

Daniel D. Yuhas and James K. Zerkle, both of State Appellate Defender's Office, of Springfield, for appellant.

J. William Roberts, State's Attorney, of Springfield (Robert J. Biderman and Debra A. Buchman, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

On April 23, 1980, following a jury trial in the circuit court of Sangamon County, defendant, Maurice Allen, was convicted of the offense of burglary. He was then sentenced to a 5-year term of imprisonment. On appeal defendant contends that (1) he was improperly sentenced because the court applied an aggravating factor not present in the record and improperly considered the fact that...

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