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PEOPLE v. BURKE

No. 2-03-1127.

840 N.E.2d 281 (2005)

362 Ill. App.3d 99

298 Ill.Dec. 511

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John BURKE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied December 12, 2005.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Bruce Kirkham (Court-appointed), Office of the State Appellate Defender Elgin, for John Burke.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Barry W. Jacobs, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Presiding Justice O'MALLEY delivered the opinion of the court:

Defendant, John Burke, appeals his conviction of armed robbery in violation of section 18-2(a)(1) of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/18-2(a)(1) (West 2000)). Defendant argues that the State did not prove all elements of the offense beyond a reasonable doubt. Defendant also argues that the trial court wrongly interpreted the Habitual Criminal Act (720 ILCS 5/33B-1 et seq. (West...

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