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PEOPLE v. FREY

No. 5-83-0623.

126 Ill. App.3d 484 (1984)

467 N.E.2d 302

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TREACIL FREY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed July 18, 1984.

Attorney(s) appearing for the Case

Randy E. Blue and Rita K. Peterson, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Randy Patchett, State's Attorney, of Marion (Kenneth R. Boyle, Stephen E. Norris, and Karen L. Stallman, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed, sentence vacated and cause remanded.

JUSTICE KARNS delivered the opinion of the court:

Defendant, Treacil Frey, was found guilty of burglary and theft after a bench trial in the circuit court of Williamson County. The sole question raised on defendant's appeal is whether the Illinois burglary statute (Ill. Rev. Stat. 1983, ch. 38, par. 19-1(a)) applies to his unauthorized act of knowingly entering the open bed of a pickup truck with the...

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