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PEOPLE v. JONES

No. 5-89-0525.

576 N.E.2d 1138 (1991)

217 Ill. App.3d 175

160 Ill.Dec. 184

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Henry JONES, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

July 16, 1991.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Rita K. Peterson, Asst. Defender, Office of the State Appellate Defender, Mt. Vernon, for defendant-appellant.

John Baricevic, State's Atty., Belleville, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Kendra S. Mitchell, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice HOWERTON delivered the opinion of the court:

Defendant, Henry Jones, was charged by information with armed robbery (Ill.Rev. Stat.1987, ch. 38, par. 18-2). Following a bench trial, defendant was found guilty of theft and sentenced to a term of 2½ years in the Department of Corrections. We reverse.

The issue raised to us is whether an accused can be convicted of theft from a person if the sole charge presented in the information is armed robbery...

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