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PEOPLE v. DYCUS

No. 2-95-0424.

683 N.E.2d 200 (1997)

291 Ill. App.3d 14

225 Ill.Dec. 256

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William G. DYCUS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied September 2, 1997.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Steven E. Wiltgen, Office of the State Appellate Defender (Court-appointed), Elgin, Lawrence D. Wechter (Court-appointed), Batavia, for William G. Dycus.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice INGLIS delivered the opinion of the court:

After a bench trial, defendant, William Dycus, was convicted of burglary (720 ILCS 5/19—1(a)(West 1994)), a Class 2 felony (720 ILCS 5/19—1(b)(West 1994)), and sentenced to seven years' imprisonment, the maximum nonextended term (see 730 ILCS 5/5—8— 1(a)(5)(West 1994)). On appeal, defendant argues that he is entitled to a new sentencing hearing because the trial judge erroneously assumed...

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