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PEOPLE v. BREXTON

No. 2-01-1118.

798 N.E.2d 111 (2003)

343 Ill. App.3d 322

278 Ill.Dec. 264

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James A. BREXTON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

As Modified Upon Denial of Rehearing September 19, 2003.

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 James A. Brexton.

Michael P. Bald, Stephenson County State's Attorney, Freeport, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Robert J. Biderman, Kathy Shepard, State's Attorneys Appellate Prosecutor, Springfield, for the People.

MODIFIED UPON DENIAL OF REHEARING

Justice BOWMAN delivered the opinion of the court:

In 2001, following a jury trial, defendant, James A. Brexton, was convicted of escape (720 ILCS 5/31-6(c) (West 2000)). Because his conviction qualified as a Class X felony, the court sentenced him to six years' imprisonment. He now appeals his conviction.

The following was adduced at trial. On June 3, 2001, in Freeport, police officer Fred Cass responded to a dispatch...

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