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PEOPLE v. FURBY

Nos. 2-87-1100, 2-87-1101 cons.

181 Ill. App.3d 872 (1989)

537 N.E.2d 1133

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES FURBY et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed April 21, 1989.

Attorney(s) appearing for the Case

M. Jacqueline Walther, of Kielian & Walther, and George Patrick Lynch, Ltd., both of Chicago (George P. Lynch, of counsel), for appellants.

James E. Ryan, State's Attorney, of Wheaton, and Kevin T. McClain, of Immel, Zelle, Ogren, McClain, Germeraad & Costello, of Springfield (William L. Browers, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment reversed.

JUSTICE WOODWARD delivered the opinion of the court:

Following a jury trial, the defendants, James and Thomas Furby, were found guilty of theft in excess of $300 (Ill. Rev. Stat. 1985, ch. 38, par. 16-1(a)). Each defendant was sentenced to 24 months' probation, ordered to perform 50 hours of public service employment, and held jointly and severally liable to pay restitution in the amount...

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