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PEOPLE v. SAMS

No. 4-92-0196.

605 N.E.2d 128 (1992)

238 Ill. App.3d 825

178 Ill.Dec. 689

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David L. SAMS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied January 11, 1993.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Jeffrey D. Foust, Asst. Defender, Springfield, for defendant-appellant.

Craig H. DeArmond, State's Atty., Danville, Norbert J. Goetten, Director State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, Denise M. Ambrose, Staff Atty., Springfield, for plaintiff-appellee.

Justice LUND delivered the opinion of the court:

Following a jury trial, David Sams was convicted of theft over $100,000 (Ill.Rev. Stat.1991, ch. 38, pars. 16-1(a)(1), (b)(6)), sentenced to 13 years' imprisonment, and ordered to pay restitution of $1.7 million. On appeal, defendant contends the court (1) abused its discretion in sentencing him to 13 years' imprisonment; (2) erred in ordering him to pay restitution because theft is not a crime of violence and, in the...

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