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PEOPLE v. MUNDAY

No. 84-0285.

134 Ill. App.3d 971 (1985)

481 N.E.2d 338

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHRISTOPHER J. MUNDAY, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied August 21, 1985.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Karen Munoz, both of State Appellate Defender's Office, of Springfield, for appellant.

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Barbara A. Preiner, Assistant State's Attorney, and Phyllis J. Perko and William L. Browers, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

PRESIDING JUSTICE NASH delivered the opinion of the court:

After a bench trial defendant, Christopher Munday, was convicted of residential burglary (Ill. Rev. Stat. 1983, ch. 38, par. 19-3) and sentenced to a term of four years' imprisonment. He appeals, contending (1) the residential burglary conviction should be vacated as defendant was placed in double jeopardy when retried on that charge after, in an earlier trial, a jury returned legally...

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