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PEOPLE v. CUNNINGHAM

No. 2-92-1299.

637 N.E.2d 1247 (1994)

265 Ill.App.3d 3

202 Ill.Dec. 511

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Timothy CUNNINGHAM, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 22, 1994.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Steven E. Wiltgen, Office of the State Appellate Defender, Elgin, for Timothy Cunningham.

Michael J. Waller, Lake County State's Atty., Waukegan, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Elgin, for the People.

Justice QUETSCH delivered the opinion of the court:

Defendant, Timothy Cunningham, was charged with two counts of residential burglary (Ill.Rev.Stat.1991, ch. 38, par. 19-3(a) (now 720 ILCS 5/19-3(a) (West 1992))). A jury acquitted him of the first count, residential burglary with the intent to commit a theft, but found him guilty of residential burglary with the intent to commit a criminal sexual assault. The trial court sentenced defendant to 15 years' imprisonment...

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