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PEOPLE v. McKINESS

No. 80-814.

105 Ill. App.3d 92 (1982)

433 N.E.2d 1146

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES A. McKINESS, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed March 25, 1982.

Attorney(s) appearing for the Case

Mary Robinson and Josette Skelnik, both of State Appellate Defender's Office, of Elgin, for appellant.

Robert Morrow, State's Attorney, of Geneva (Phyllis J. Perko and Cynthia N. Schneider, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed as modified.

JUSTICE REINHARD delivered the opinion of the court:

The defendant, James A. McKiness, was convicted by a jury of theft over $150 (Ill. Rev. Stat. 1979, ch. 38, par. 16-1), and subsequently was sentenced to 36 months' probation with a condition thereof that the first 30 days were to be served in the Kane County Correctional Center.

The defendant appeals and presents three issues for review: (1) whether he was denied due...

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