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PEOPLE v. PHOENIX

Nos. 16588, 16589 cons.

96 Ill. App.3d 557 (1981)

421 N.E.2d 1022

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CARL V. PHOENIX, Defendant-Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOSEPH L. PHOENIX, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed May 29, 1981.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Janet Sinder, both of State Appellate Defender's Office, of Springfield, for appellant.

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

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

Following a bench trial in the circuit court of Sangamon County, defendants, Carl Phoenix and Joseph Phoenix, were convicted on June 24, 1980, of burglary and felony theft. They received respective sentences of 4 years' and 3 years' imprisonment. Defendants' consolidated appeals challenge their convictions and sentences. For the reasons which follow,...

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