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PEOPLE v. KIRK

No. 5-84-0708.

133 Ill. App.3d 641 (1985)

479 N.E.2d 368

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROSS KIRK, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed April 17, 1985.

Attorney(s) appearing for the Case

Randy E. Blue and John R. Abell, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Kenneth R. Boyle, Stephen E. Norris, and Susan M. Young, all of State's Attorneys Appellate Service Commission, of Mt. Vernon, for the People.

Judgment affirmed.

PRESIDING JUSTICE JONES delivered the opinion of the court:

The defendant, Ross Kirk, pleaded guilty to burglary and was sentenced to three years' imprisonment. The only issue on appeal is whether the State's Attorney breached the plea agreement to stand mute at the sentencing hearing. We affirm.

• 1 The State initially contends that the issue is waived by the failure of the defendant to object at the sentencing hearing at...

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