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PEOPLE v. HOUSTON

No. 64168.

118 Ill.2d 194 (1987)

514 N.E.2d 989

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. KELVIN JEROME HOUSTON, Appellee.

Supreme Court of Illinois.

Opinion filed October 5, 1987.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Jeffrey K. Davison, State's Attorney, of Decatur (Roma J. Stewart, Solicitor General, and Mark L. Rotert and Judith H. Schlessinger, Assistant Attorneys General, of Chicago, and Kenneth R. Boyle, Robert J. Biderman and David E. Mannchen, of the State's Attorneys Appellate Prosecutor, of Springfield, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, and Allen H. Andrews, Assistant Defender, of the Office of the State Appellate Defender, of Springfield, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE SIMON delivered the opinion of the court:

Defendant Kelvin Jerome Houston was convicted in the circuit court of Macon County of theft over $300 (Ill. Rev. Stat. 1983, ch. 38, par. 16-1) and was originally sentenced to probation for one year. Subsequently, several motions to revoke his probation were filed against him. The motion at issue here charged the defendant with burglary (Ill. Rev. Stat. 1985...

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