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PEOPLE v. SCHMIDT

No. 66087.

126 Ill.2d 179 (1988)

533 N.E.2d 898

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. GERALD C. SCHMIDT, Appellee.

Supreme Court of Illinois.

Modified on denial of rehearing January 30, 1989.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Thomas K. Leeper, State's Attorney, of Quincy (Shawn W. Denney, Solicitor General, and Terence M. Madsen, David E. Bindi and Jack Donatelli, Assistant Attorneys General, of Chicago, and Kenneth R. Boyle, Robert J. Biderman and Linda Cullom, of the State's Attorneys Appellate Prosecutor, of Springfield, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, and Patricia G. Mysza, Assistant Defender, both of the Office of the State Appellate Defender, of Springfield, for appellee.

Appellate court judgment vacated in part and reversed in part; circuit court judgment vacated in part and affirmed in part.

JUSTICE WARD delivered the opinion of the court:

Following the trial of Gerald Schmidt, the defendant, in the circuit court of Adams County, the jury returned verdicts finding him guilty of residential burglary (Ill. Rev. Stat. 1985, ch. 38, par. 19-3) and of theft (Ill. Rev. Stat. 1985, ch. 38, par. 16-1). He was sentenced to terms of...

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