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PEOPLE v. DUNCAN

No. 3-92-0883.

634 N.E.2d 13 (1994)

261 Ill. App.3d 957

199 Ill.Dec. 413

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James W. DUNCAN, a/k/a James Austin, a/k/a James Week, Defendant-Appellant.

Appellate Court of Illinois, Third District.

May 4, 1994.

Attorney(s) appearing for the Case

Verlin R. Meinz, Office of the State Appellate Defender, Ottawa, for James W. Duncan.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Norman K. Raffety, State's Atty., Hennepin, Terry A. Mertel, States' Attorneys Appellate Prosecutor, Ottawa, for the People.

Presiding Justice SLATER delivered the opinion of the court:

Following a jury trial, the defendant, James W. Duncan, was convicted of arson (Ill.Rev.Stat.1991, ch. 38, par. 20-1(a)) and two counts of burglary (Ill.Rev.Stat.1991, ch. 38, par. 19-1(a)). He was subsequently sentenced to a term of seven years' imprisonment. The defendant appeals. We vacate one of the two burglary convictions.

The defendant was charged by information with one count of arson and...

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