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PEOPLE v. MITCHELL

No. 82-77.

121 Ill. App.3d 193 (1984)

459 N.E.2d 351

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MARSHALL MITCHELL III, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied February 23, 1984.

Attorney(s) appearing for the Case

G. Joseph Weller and Michael Braun, 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.

Reversed and remanded.

JUSTICE VAN DEUSEN delivered the opinion of the court:

The defendant, Marshall Mitchell III, appeals from his conviction and sentence for the offense of burglary (Ill. Rev. Stat. 19779, ch. 38, par. 19-1(a)). His first contention on appeal is that his conviction must be reversed and the cause remanded to the trial court because the trial judge abused his discretion by denying a defense...

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