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PEOPLE v. FOLEY

Nos. 2-86-0191, 2-86-0192 cons.

162 Ill. App.3d 282 (1987)

515 N.E.2d 351

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. BRIAN FOLEY, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed October 26, 1987.

Attorney(s) appearing for the Case

Mary Robinson, of Robinson & Skelnik, of Elgin (Josette Skelnik, of counsel), for appellant.

Robert J. Morrow, State's Attorney, of Geneva (William L. Browers and Cynthia N. Schneider, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE NASH delivered the opinion of the court:

In a bench trial, the defendant, Brian Foley, was convicted of two counts of home invasion and two counts of armed robbery and was sentenced to concurrent terms of seven years' imprisonment for each offense. He appeals, contending that the home invasion convictions cannot stand because they are based upon new indictments returned by the grand jury during the trial and that the armed robbery...

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