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PEOPLE v. BOALBEY

No. 3-85-0197.

143 Ill. App.3d 362 (1986)

493 N.E.2d 369

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee v. RICHARD BOALBEY, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed May 14, 1986.

Attorney(s) appearing for the Case

Daniel D. Yuhas, of State Appellate Defender's Office, of Springfield, and Robert Agostinelli, of State Appellate Defender's Office, of Ottawa, for appellant.

James T. Teros, State's Attorney, of Rock Island (John X. Breslin and Gary F. Gnidovec, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

JUSTICE STOUDER delivered the opinion of the court:

Following a jury trial, defendant, Richard Boalbey, was convicted of unauthorized use of food stamps (Ill. Rev. Stat. 1983, ch. 23, par. 8A-4) and sentenced to 12 months' conditional discharge and ordered to pay restitution and court costs. On appeal he contends: (1) the evidence established the affirmative defense of entrapment as a matter of law, (2) the trial court erred in denying his...

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