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PEOPLE v. CLARKE

No. 5-91-0403.

596 N.E.2d 872 (1992)

231 Ill. App.3d 504

173 Ill.Dec. 248

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Isreal CLARKE, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

July 17, 1992.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Janet Gandy Fowler, Asst. Defender, Office of State Appellate Defender, Mt. Vernon, for defendant-appellant.

Charles Grace, State's Atty., Murphysboro, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Diane L. Campbell, Staff Atty., Office of State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice WELCH delivered the opinion of the court:

Defendant, Isreal Clarke, was charged by information with felony retail theft under section 16A-3(a) of the Criminal Code of 1961 (Ill.Rev.Stat.1989, ch. 38, par. 16A-3(a)). He was found guilty in a trial by jury on March 18, 1991, and was sentenced to three years' imprisonment in the Illinois Department of Corrections on May 6, 1991. He asserts that the trial court erred in failing to grant his motion to dismiss the...

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