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PEOPLE v. SZYMANSKI

No. 2-90-0054.

589 N.E.2d 148 (1992)

226 Ill. App.3d 115

168 Ill.Dec. 34

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Brian SZYMANSKI, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 10, 1992.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, Joshua Sachs, Chicago, Ill., for Brian Szymanski.

James E. Ryan, Du Page County State's Atty., Wheaton and William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Elgin, for the People.

Justice DUNN delivered the opinion of the court:

Following a jury trial, the defendant, Brian Szymanski, was convicted of the offense of forgery (Ill.Rev.Stat.1989, ch. 38, par. 17-3(a)(1)). He was sentenced to probation for a term of two years and was ordered to pay restitution in the amount of $500. The defendant raises two issues on appeal: (1) whether he is entitled to a new trial or, in the alternative, an evidentiary hearing, because of evidence of jury misconduct...

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