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PEOPLE v. SHELTON

No. 4-90-0485.

567 N.E.2d 680 (1991)

208 Ill. App.3d 1094

153 Ill.Dec. 722

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gary Eugene SHELTON, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

February 21, 1991.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Judith L. Libby, Asst. Defender, for defendant-appellant.

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

Justice STEIGMANN delivered the opinion of the court:

After a jury trial, defendant, Gary Eugene Shelton, was convicted of burglary (Ill.Rev.Stat.1989, ch. 38, par. 19-1). The presentence report prepared for defendant's sentencing hearing revealed that he had been convicted of burglary in both 1983 and 1984. At the sentencing hearing, the court asked the prosecutor about the applicability of section 5-5-3(c)(8) of the Unified Code of Corrections (Unified Code)

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