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PEOPLE v. ATKINSON

No. 4-95-0597.

679 N.E.2d 1266 (1997)

288 Ill. App.3d 102

223 Ill.Dec. 493

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dale L. ATKINSON, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

May 9, 1997.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Jeffrey D. Foust, Asst. Defender, Office of State Appellate Defender, Springfield, for Dale L. Atkinson.

Michael D. Clary, State's Attorney, Danville, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Kathy Shepard, Staff Atty., State's Attorneys Appellate Prosecutor, Springfield, for People.

Justice COOK delivered the opinion of the court:

Following a jury trial, defendant Dale Atkinson was convicted of burglary in violation of section 19-1 (a) of the Illinois Criminal Code of 1961 (720 ILCS 5/19-1(a) (West 1992)). Defendant was sentenced to six years' imprisonment. Defendant appeals, alleging (1) the trial court erred in failing to employ the Montgomery balancing test before allowing the State to impeach him with his prior convictions, (2) the...

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