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PEOPLE v. AGNEW

Nos. 2-85-0742, 2-85-0827 cons.

152 Ill. App.3d 1037 (1987)

504 N.E.2d 1358

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL AGNEW, Defendant-Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. STUART SMITH, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed February 26, 1987.

Attorney(s) appearing for the Case

G. Joseph Weller, Michael F. Braun, and Patrick M. Carmody, all of State Appellate Defender's Office, of Elgin, for appellants.

Robert J. Morrow, State's Attorney, of Geneva (William L. Browers, Virginia M. Ashley, and David A. Bernhard, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE HOPF delivered the opinion of the court:

Defendants, Michael Agnew and Stuart Smith, appeal from their convictions for burglary following a stipulated bench trial. The court sentenced Agnew to four years' imprisonment and Smith to four years' probation and six months in jail, with the stipulation that when an opening was available in the Treatment Alternatives to Street Crimes (TASC) program the six months would be terminated...

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