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PEOPLE v. SWANK

No. 4-01-0970.

800 N.E.2d 864 (2003)

344 Ill. App.3d 738

279 Ill.Dec. 576

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Christopher D. SWANK, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

December 5, 2003.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Jeffrey D. Foust, both of State Appellate Defender's Office, of Springfield, for appellant.

William A. Yoder, State's Attorney, of Bloomington (Norbert J. Goetten, Robert J. Biderman, and Perry L. Miller, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Justice COOK delivered the opinion of the court:

In March 2001, defendant, Christopher D. Swank, pleaded guilty to burglary (720 ILCS 5/19-1 (West 2000)). In exchange for his plea, the State agreed to dismiss other charges but made no agreement with defendant regarding what sentence the trial court would impose. At the September 2001 sentencing hearing, the State recommended probation, but the court sentenced defendant to 4 1/2 years in prison. The court also ordered...

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