PEOPLE v. MONIGAN

No. 3-90-0060.

561 N.E.2d 1358 (1990)

204 Ill. App.3d 686

149 Ill.Dec. 662

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert MONIGAN, Defendant-Appellant.

Appellate Court of Illinois, Third District.

October 15, 1990.


Attorney(s) appearing for the Case

Verlin R. Meinz, Office of the State Appellate Defender, Ottawa, Spencer Daniels, Trial Counsel, Peoria, for Robert E. Monigan.

Gary F. Gnidovec, States' Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Atty., Peoria, John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, for the People.


Justice BARRY delivered the opinion of the court:

Following a bench trial, the court convicted defendant, Robert Monigan, of home invasion, residential burglary, and aggravated battery (Ill.Rev.Stat.1989, ch. 38, pars. 12-11(a)(2), 19-3(a) and 12-4(b)(10)). The court thereafter sentenced him to concurrent prison terms of 30, 15, and 5 years, respectively. Defendant appeals.

The record shows that on September 2, 1988, 87-year-old Edna Pares was awakened early...

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