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PEOPLE v. DePAOLO

No. 2-99-0387.

739 N.E.2d 1027 (2000)

317 Ill.App.3d 301

251 Ill.Dec. 94

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James V. DePAOLO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 17, 2000.

Attorney(s) appearing for the Case

G. Joseph Weller, of State Appellate Defender's Office, Elgin, and George S. Pfeifer, Evanston, for appellant.

Joseph E. Birkett, State's Attorney, of Wheaton (Martin P. Moltz and Lawrence M. Bauer, both of State's Attorneys Appellate Prosecutor's Office, of counsel), and Martha M. Gillis, Evanston, for the People.

Justice COLWELL delivered the opinion of the court:

Following a jury trial, defendant, James V. DePaolo, was found guilty of felony retail theft (720 ILCS 5/16A-3(a), 16A-10(3) (West 1998)). Defendant appeals and contends that his conviction must be reversed (1) because the evidence was not sufficient to show that he completed the offense of retail theft and he therefore was guilty, at most, of attempted retail theft; (2) because the trial court erred in admitting...

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