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PEOPLE v. BANKS

No. 2-94-1098.

667 N.E.2d 118 (1996)

281 Ill. App.3d 417

217 Ill.Dec. 325

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ernest S. BANKS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 19, 1996.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Kathleen J. Hamill, Office of the State Appellate Defender, Elgin, for Ernest S. Banks.

Anthony M. Peccarelli, Du Page County State's Attorney, Wheaton, William L. Browers, Deputy Director, State's Attorney Appellate Prosecutor, Elgin, William H. Hall, IV, Chicago, for People of the State of Illinois.

Presiding Justice McLAREN delivered the opinion of the court:

Following a jury trial, defendant, Ernest Banks, was convicted of criminal trespass to a residence (720 ILCS 5/19-4 (West 1992)). The court sentenced him to one year of court supervision and 40 hours of public service employment. Defendant appeals, raising the following issues: (1) whether his conviction was improper because his entry into the home was authorized; and (2) whether the trial court usurped...

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