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PEOPLE v. WANKE

No. 2-98-0900.

726 N.E.2d 142 (2000)

311 Ill. App.3d 801

244 Ill.Dec. 546

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard E. WANKE, Jr., Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 1, 2000.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender and Thomas A. Lilien (Court-appointed), Office of the State Appellate Defender, Elgin, for Richard E. Wanke.

Paul A. Logli, Winnebago County State's Attorney, Rockford, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Robert E. Davison, DePaepe & Davison, Springfield, for the People.

Justice INGLIS delivered the opinion of the court:

Following a bench trial, defendant, Richard E. Wanke, Jr., was convicted of burglary (Ill.Rev.Stat.1991, ch. 38, par. 19-1 (now 720 ILCS 5/19-1 (West 1998))) and sentenced to three years' imprisonment. We reverse and remand.

Defendant was charged with the burglary of the Sandy Hollow Golf Course (Sandy Hollow). He waived trial by jury and presented the defense of insanity. The following uncontested evidence...

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