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PEOPLE v. WHIRL

No. 2-02-1142.

814 N.E.2d 872 (2004)

351 Ill. App.3d 464

286 Ill.Dec. 646

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kemo D. WHIRL, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied September 17, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Jack Hildebrand (Court-appointed), Office of the State Appellate Defender, Elgin, for Kemo D. Whirl.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, Kristine A. Karlin, Mt. Prospect, for the People.

Justice McLAREN delivered the opinion of the court:

Following a trial by jury, defendant, Kemo D. Whirl, was convicted of two counts of residential burglary (720 ILCS 5/19-3(a) (West 2000)) and one count of possession of a controlled substance (720 ILCS 570/402(c) (West 2000)) and sentenced to the Illinois Department of Corrections. Defendant now appeals his convictions. We reverse his convictions and remand in part for a new trial.

Defendant first contends...

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