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PEOPLE v. PAXTON

No. 3-84-0302.

135 Ill. App.3d 680 (1985)

482 N.E.2d 180

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. STEPHEN T. PAXTON, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed August 14, 1985.

Attorney(s) appearing for the Case

Robert Agostinelli and Frank W. Ralph, both of State Appellate Defender's Office, of Ottawa, for appellant.

John A. Barra, State's Attorney, of Peoria (John X. Breslin and Rita Kennedy Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

JUSTICE BARRY delivered the opinion of the court:

On May 25, 1982, defendant Stephen T. Paxton was charged in the circuit court of Peoria County with having committed burglary in violation of section 19-1(a) of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, par. 19-1(a)). Defendant filed a petition electing to undergo treatment as an addict pursuant to the Dangerous Drug Abuse Act (Ill. Rev. Stat. 1983, ch. 91 1/2, par. 120...

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