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PEOPLE v. BENSON

No. 2-92-0858.

627 N.E.2d 1207 (1994)

256 Ill. App.3d 560

194 Ill.Dec. 565

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Douglas BENSON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 25, 1994.

Attorney(s) appearing for the Case

Law Offices of Morelli & Cook, Fred M. Morelli, Jr., Aurora, Vincent C. Argento, Law Offices of Vincent C. Argento, Elgin, for Douglas Benson.

David R. Akemann, Kane County State's Atty., St. Charles, William L. Browers, Deputy Director, Marshall M. Stevens, State's Attys. Appellate Prosecutor, Elgin, for People.

Presiding Justice INGLIS delivered the opinion of the court:

Defendant, Douglas Benson, appeals, pursuant to Supreme Court Rule 604(f) (134 Ill.2d R. 604(f)), from the order of the circuit court of Kane County denying his motion to dismiss count I of his indictment. Defendant was charged with two counts of home invasion (Ill.Rev.Stat.1991, ch. 38, par. 12-11(a)(2) (now 720 ILCS 5/12-11(a)(2) (West 1992))). These charges stem from an incident wherein defendant allegedly...

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