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PEOPLE v. POE

No. 3-06-0461.

896 N.E.2d 453 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steven R. POE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

October 7, 2008.

Attorney(s) appearing for the Case

Stephen Omolecki (Court-appointed), Office of the State Appellate Defender, Ottawa, for Steven R. Poe.

Terry A. Mertel, Deputy Director, Judith Z. Kelly, State's Attorneys Appellate Prosecutor, Ottawa, Stewart Umholtz, State's Attorney, Pekin, for the People.

Justice SCHMIDT delivered the opinion of the court:

Defendant, Steven Poe, was convicted of burglary (720 ILCS 5/19-1(a) (West 2004)) and theft (720 ILCS 5/16-1(a)(1) (West 2004)) in the circuit court of Tazewell County. He was sentenced to 4 ½ years' incarceration on the burglary conviction and 3 years' incarceration for the theft. This timely appeal followed defendant's convictions. Defendant claims, on appeal, that his theft conviction must be vacated as theft...

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