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PEOPLE v. BREXTON

No. 2-08-1249.

939 N.E.2d 1076 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James A. BREXTON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 3, 2010.

Attorney(s) appearing for the Case

Gary R. Peterson , Deputy Defender, Ryan R. Wilson (Court-appointed), Office of the State Appellate Defender, Springfield, for James A. Brexton.

John H. Vogt , Stephenson County State's Attorney, Freeport, Lawrence M. Bauer , Deputy Director, Joan M. Kripke , State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice BOWMAN delivered the opinion of the court:

Defendant, James A. Brexton, was convicted of burglary (720 ILCS 5/19-1(a) (West 2006)) and sentenced to seven years' imprisonment after withdrawing a guilty plea to felony retail theft for which he was sentenced to five years' imprisonment. Defendant argues that his burglary conviction should be vacated because: (1) the State's act of charging him with burglary after he withdrew his guilty plea constituted prosecutorial...

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