PEOPLE v. O'BANION

No. 3-92-0896.

625 N.E.2d 451 (1993)

253 Ill. App.3d 427

192 Ill.Dec. 491

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David O'BANION, Defendant-Appellant.

Appellate Court of Illinois, Third District.

December 17, 1993.


Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, Office of the State Appellate Defender, Ottawa, for David A. O'Banion.

John X. Breslin, Deputy Director, Gary F. Gnidovec, State's Attys. Appellate Prosecutors, Ottawa and Gary L. Spencer, State's Atty. of Whiteside County, Morrison, for the People.


Presiding Justice McCUSKEY delivered the opinion of the court:

The defendant, David O'Banion, was found guilty of burglary and retail theft. He was sentenced to 24 months of probation, a $1,000 fine, and 200 hours of public service for the burglary and assessed costs for the retail theft. The defendant appeals.

At trial, Steven Benson testified that he was working as a loss control manager for K-Mart on February 28, 1992. At 8:11 p.m., he was looking out of...

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