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PEOPLE v. VALENZUELA

No. 2-88-0245.

180 Ill. App.3d 671 (1989)

536 N.E.2d 160

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DANIEL VALENZUELA, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed March 16, 1989.

Attorney(s) appearing for the Case

Robert F. Casey and Gary V. Johnson, State's Attorneys, of Geneva (William L. Browers and Marshall M. Stevens, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Lawrence D. Wechter, of Benson, Mair & Gosselin, of Batavia, and G. Joseph Weller and Roger Warner, both of State Appellate Defender's Office, of Elgin, for appellee.

Affirmed as modified.

JUSTICE REINHARD delivered the opinion of the court:

The State appeals from an order of the circuit court of Kane County dismissing an indictment which charged defendant, Daniel Valenzuela, with the offenses of burglary (Ill. Rev. Stat. 1987, ch. 38, par. 19-1) and possession of burglary tools (Ill. Rev. Stat. 1987, ch. 38, par. 19-2). On appeal, the State contends that the trial court erred in dismissing the indictment with prejudice...

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