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PEOPLE v. MARSTON

No. 2-03-0490.

818 N.E.2d 1261 (2004)

353 Ill. App.3d 513

289 Ill.Dec. 58

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth L. MARSTON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied December 16, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Kathleen J. Hamill (Court-appointed), Office of the State Appellate Defender, Elgin, for Kenneth L. Marston.

Meg Gorecki, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Gunta Z. Hadac, Grayslake, for the People.

Justice BYRNE delivered the opinion of the court:

A jury found defendant, Kenneth L. Marston, guilty of home invasion (720 ILCS 5/12-11(a)(2) (West 2002)), aggravated battery (720 ILCS 5/12-4(b)(1) (West 2002)), and criminal trespass to a residence (720 ILCS 5/19-4 (West 2002)). The trial court merged the conviction of criminal trespass to a residence with the home invasion conviction. The court imposed concurrent prison terms of seven years for the home invasion...

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