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PEOPLE v. SULLIVAN

No. 2-97-0264.

705 N.E.2d 928 (1999)

302 Ill. App.3d 204

235 Ill.Dec. 745

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Corey SULLIVAN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 12, 1999.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Susan K. Lucas (Court-appointed), Peoria, for Corey Sullivan.

David R. Akemann, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Peggy F.J., Bradford, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice McLAREN delivered the opinion of the court:

Following a jury trial, defendant, Corey Sullivan, was convicted of theft from a coin-operated machine (720 ILCS 5/16-5(a) (West 1996)). The State sought to have the offense elevated from a Class A misdemeanor to a Class 4 felony based on defendant's previous conviction of possession of a stolen motor vehicle (625 ILCS 5/4-103(a)(1) (West 1996)). Defendant filed a presentencing...

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