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PEOPLE v. TOOLATE

No. 58542.

101 Ill.2d 301 (1984)

461 N.E.2d 987

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. LARRY TOOLATE, Appellant.

Supreme Court of Illinois.

Opinion filed March 23, 1984.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, and Gary R. Peterson, Assistant Defender, of the Office of the State Appellate Defender, of Springfield, for appellant.

Neil F. Hartigan, Attorney General, of Springfield, and Anthony B. Cameron, State's Attorney, of Quincy (Mark L. Rotert and Kenneth A. Fedinets, Assistant Attorneys General, of Chicago, of counsel), for the People.

Judgments reversed.

JUSTICE SIMON delivered the opinion of the court:

The defendant was convicted of residential burglary with intent to commit rape after a jury trial in the circuit court of Adams County. The conviction was affirmed on appeal by a divided court (115 Ill.App.3d 13), and the defendant's petition for leave to appeal to this court was allowed (87 Ill.2d R. 315).

The issue in this appeal is whether...

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