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PEOPLE v. ALLEN

No. 4-02-0950.

815 N.E.2d 426 (2004)

351 Ill. App.3d 599

287 Ill.Dec. 23

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jackie A. ALLEN, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied September 7, 2004.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender (Court-appointed), Rebecca I. Levy, Assistant Defender, Office of State Appellate Defender, Chicago, for Jackie A. Allen.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Denise M. Ambrose Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice APPLETON delivered the opinion of the court:

In March 2002, a grand jury charged defendant, Jackie A. Allen, with burglary (720 ILCS 5/19-1(a) (West 2000) (text of section effective June 1, 2001)). The day of his September 2002 trial, he sought to plead guilty to a lesser charge under a proposed plea agreement with the State. Upon ascertaining that the State had not yet drafted the charge, the trial court refused to consider the plea agreement. The trial proceeded...

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