PEOPLE v. BROCKSMITH

Nos. 3-90-0530, 3-91-0780.

604 N.E.2d 1059 (1992)

237 Ill. App.3d 818

178 Ill.Dec. 536

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jack BROCKSMITH, Defendant-Appellant.

Appellate Court of Illinois, Third District.

December 1, 1992.


Attorney(s) appearing for the Case

Peter A. Carusona (argued), Office of State Appellate Defender, Ottawa, Gregory J. McHugh, Trial Counsel, Aledo, for Jack Brocksmith.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Michael J. Herr, State's Atty., Aledo, Gary F. Gnidovec (argued), States' Attys. Appellate Prosecutor, Ottawa, for the People.


Justice GORMAN delivered the opinion of the court:

Defendant was charged by information with one count of the felony offense of theft by deception. He was convicted, however, of the misdemeanor offense of deceptive practices as a lesser included offense of theft by deception. On appeal, he argues that deceptive practices is not a lesser included offense of theft by deception. In the alternative, he argues that the statute of limitations had run on the offense of deceptive...

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