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PEOPLE v. VELARDE

No. 84-0657.

137 Ill. App.3d 492 (1985)

484 N.E.2d 939

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CARLOS VELARDE, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed October 18, 1985.

Attorney(s) appearing for the Case

G. Joseph Weller, of State Appellate Defender's Office, of Elgin, and Charles Schiedel and Robert D. Seeder, both of State Appellate Defender's Office, of Springfield, for appellant.

Daniel Doyle, State's Attorney, of Rockford (Phyllis J. Perko and Cynthia N. Schneider, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE REINHARD delivered the opinion of the court:

Defendant, Carlos Velarde, was found guilty in a jury trial of burglary (Ill. Rev. Stat. 1983, ch. 38, par. 19-1) and was sentenced to a seven-year term of imprisonment.

Two issues are presented for review: (1) whether the trial court erred in refusing to instruct the jury on the lesser offense of theft; and (2) whether defendant was denied a fair trial where he was twice led into...

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