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PEOPLE v. PERRY

No. 2-04-0398.

836 N.E.2d 387 (2005)

361 Ill. App.3d 703

296 Ill.Dec. 864

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Michael L. PERRY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 7, 2005.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Thomas A. Lilien (Court-appointed), Office of the State Appellate Defender, Elgin, for Michael L. Perry.

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

Justice KAPALA delivered the opinion of the court:

Defendant, Michael L. Perry, appeals from his conviction in the circuit court of Du Page County of theft by deception (720 ILCS 5/16-1(a)(2)(A) (West 2000)). We affirm as modified and remand for a new sentencing hearing.

I. BACKGROUND

Defendant was convicted at a jury trial of theft by deception (720 ILCS 5/16-1(a)(2)(A) (West 2000)) for failing to pay charges related to a hotel room he and his wife...

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