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PEOPLE v. ZEHR

No. 57683.

103 Ill.2d 472 (1984)

469 N.E.2d 1062

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. KENNETH ZEHR, Appellee.

Supreme Court of Illinois.

Modified on denial of rehearing September 28, 1984.

Attorney(s) appearing for the Case

Neil F. Hartigan and Tyrone C. Fahner, Attorneys General, of Springfield, and Gary L. Peterlin, State's Attorney, of Ottawa (Michael B. Weinstein, David E. Bindi and Mark L. Rotert, Assistant Attorneys General, of Chicago, and John X. Breslin and Terry A Mertel, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Peter A. Carusona, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa (James Leo Keely, of counsel), for appellee.

Affirmed and remanded.

JUSTICE GOLDENHERSH delivered the opinion of the court:

In an indictment returned in the circuit court of La Salle County, defendant, Kenneth Zehr, was charged with home invasion, burglary, and aggravated battery (Ill. Rev. Stat. 1979, ch. 38, pars. 12-11(a)(2), 19-1, 12-4(b)(10)) and in a jury trial was convicted of all three offenses. Defendant was sentenced to concurrent terms of imprisonment of 22 years for the home invasion, six...

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