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PEOPLE v. DURHAM

No. 3-92-0386.

623 N.E.2d 1010 (1993)

252 Ill. App.3d 88

191 Ill.Dec. 420

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert L. DURHAM, Defendant-Appellant.

Appellate Court of Illinois, Third District.

November 19, 1993.

Attorney(s) appearing for the Case

Joseph N. Ehmann, Office of the State Appellate Defender, argued, Ottawa and Gary L. Morris, Peoria, for Robert L. Durham.

John X. Breslin, Deputy Director, Robert M. Hansen, argued, State's Attys. Appellate Prosecutors, Ottawa, and Erik I. Blanc, State's Atty., Pekin, for the People.

Justice LYTTON delivered the opinion of the court:

Defendant Robert Durham was found guilty of burglary and retail theft following a jury trial in the circuit court of Tazewell County and was given an enhanced sentence of 25 years in the penitentiary. On appeal, he asks that both convictions be reversed or, in the alternative, that the cause be remanded for a new trial or a new sentencing hearing. We reverse the burglary conviction, affirm the retail theft conviction...

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