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PEOPLE v. MALLEK

No. 3-02-0755.

810 N.E.2d 524 (2004)

348 Ill.App.3d 1014

284 Ill.Dec. 734

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert MALLEK, Defendant-Appellant.

Appellate Court of Illinois, Third District.

May 14, 2004.

Attorney(s) appearing for the Case

Donna K. Kelly, Office of the State Appellate Defender, Ottawa, for Robert A. Mallek.

Lawrence M. Bauer, Deputy Director, Judith Z. Kelly, State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, for the People.

Justice SLATER delivered the opinion of the court:

Defendant Robert Mallek was convicted of retail theft (720 ILCS 5/16A-3(a) (West 2002)) and was sentenced to an extended term of six years' imprisonment. On appeal the defendant contends that: (1) the trial court erred in failing to hold a fitness hearing; (2) he was deprived of a fair trial when the state elicited evidence of his post-arrest silence; and (3) the trial court erred in failing to consider the jury's...

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