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PEOPLE v. BURNS

No. 2-91-0179.

607 N.E.2d 275 (1992)

239 Ill. App.3d 169

180 Ill.Dec. 323

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edmund L. BURNS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied February 16, 1993.

Attorney(s) appearing for the Case

Mary Robinson (on brief), Robinson & Skelnik, Michael Kalland, Law Offices of Josette Skelnik, Josette Skelnik, Law Offices of Josette Skelnik, Elgin, for Ed Burns.

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director and Cynthia N. Schneider, State's Attorney Appellate Prosecutor, Elgin, for the People.

Justice UNVERZAGT delivered the opinion of the court:

Defendant, Edmund Burns, was convicted of reckless homicide (Ill.Rev.Stat. 1989, ch. 38, par. 9-3(a)) and driving under the influence of alcohol (Ill.Rev.Stat.1989, ch. 95½, par. 11-501(a)(2)) after a stipulated bench trial. The trial court sentenced him to concurrent 3½ and 3-year terms of imprisonment. Defendant appeals, contending that the stipulated bench trial was tantamount to a guilty plea without...

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