PEOPLE v. LAUTENSCHLAGER

No. 4-90-0368.

563 N.E.2d 1213 (1990)

205 Ill. App.3d 530

151 Ill.Dec. 107

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John LAUTENSCHLAGER, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

November 29, 1990.


Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, David Bergschneider, Asst. Defender, Springfield, for defendant-appellant.

Charles G. Reynard, State's Atty., McLean County Law & Justice Center, Bloomington, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, Springfield, for plaintiff-appellee.


Justice LUND delivered the opinion of the court:

On August 1, 1989, following a bench trial in the circuit court of McLean County, defendant John Lautenschlager was found guilty of committing the offense of retail theft with a prior conviction. (Ill.Rev.Stat. 1989, ch. 38, par. 16A-3.) He was subsequently sentenced to five years' imprisonment. Defendant now appeals, solely alleging that the sentence is excessive.

The evidence establishes that on August 15...

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