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PEOPLE v. GWINN

No. 2-92-0835.

627 N.E.2d 699 (1994)

255 Ill. App.3d 628

194 Ill.Dec. 362

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael W. GWINN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 18, 1994.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, Elgin, Kathleen J. Hamill, Office of the State Appellate Defender, Elgin, for Michael W. Gwinn.

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Elgin, Martin P. Moltz, State's Atty. Appellate Prosecutor, Elgin, for the People.

Justice GEIGER delivered the opinion of the court:

After a bench trial in the circuit court of Du Page County, the defendant, Michael W. Gwinn, was convicted of felony retail theft (Ill.Rev.Stat.1987, ch. 38, par. 16A-3(a) (now codified, as amended, at 720 ILCS 5/16A-3(a) (West 1992))) and sentenced to two years in the Department of Corrections. On appeal, the defendant argues that his conviction should be reversed because the State filed the information in this case...

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