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PEOPLE v. NIVENS

No. 2-89-0891.

603 N.E.2d 1275 (1992)

177 Ill.Dec. 901

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Charles E. NIVENS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 19, 1992.

Attorney(s) appearing for the Case

G. Joseph Weller, Charles M. Schiedel, Deputy Defenders, Steven E. Wiltgen, Office of the State Appellate Defender, Springfield, and Susan E. Alesia, Asst. Defender, Office of State Appellate Defender, 4th Dist., for Charles Nivens.

James E. Ryan, DuPage County State's Atty., William L. Browers, Deputy Director, State's Attorneys Appellate Prosecutor, and David A. Fernandes, Champaign, for the People.

Justice UNVERZAGT delivered the opinion of the court:

After a trial in absentia, a jury acquitted defendant, Charles E. Nivens, of one count of theft (Ill.Rev.Stat. 1987, ch. 38, par. 16-1(a)(1)) and convicted him of one count each of possession of a stolen motor vehicle (Ill.Rev.Stat.1987, ch. 95½ par. 4-103(a)(1)) and sale of a stolen motor vehicle (Ill.Rev.Stat.1987, ch. 95½ par. 4-103(a)(1)). Holding that the conviction of possession merged into...

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