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IN RE E.S.

No. 79-651.

93 Ill. App.3d 171 (1981)

416 N.E.2d 1233

In re E.S., a Minor. — (THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. E.S., Respondent-Appellant.)

Appellate Court of Illinois — Second District.

Opinion filed February 13, 1981.

Attorney(s) appearing for the Case

Mary Robinson, of State Appellate Defender's Office, of Elgin, for appellant.

Gene Armentrout, State's Attorney, of Geneva (Phyllis J. Perko and Barbara A. Preiner, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment vacated.

Mr. JUSTICE UNVERZAGT delivered the opinion of the court:

In this appeal we consider a matter of first impression in Illinois: whether a fenced-in area may be construed to be included in the term "building" within the meaning of the burglary statute. (Ill. Rev. Stat. 1979, ch. 38, par. 19-1.) We hold that it may not, and vacate the orders revoking the minor's probation and committing him to the Department of Corrections.

The minor...

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