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PEOPLE v. ROSS

No. 80-3134.

103 Ill. App.3d 883 (1981)

431 N.E.2d 1288

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JIMMY ROSS, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed December 31, 1981.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Timothy P. O'Neill, Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat and Casimir J. Bartnik, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

Defendant was convicted of burglary after a bench trial and was sentenced to a term of three years. On appeal, he contends that he was not found guilty beyond a reasonable doubt and that this matter should be remanded for a new sentencing hearing because no presentence report was made.

The complaining witness (Clara Morton) testified that at about 11:40 a.m., when she...

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