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PEOPLE v. DAVIS

No. 5-84-0539.

140 Ill. App.3d 265 (1985)

488 N.E.2d 554

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. BERNARD DAVIS, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed September 26, 1985.

Attorney(s) appearing for the Case

Randy E. Blue and Kim G. Noffke, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Gerald A. Sims, Jr., State's Attorney, of Pinckneyville (Kenneth R. Boyle, Stephen E. Norris, and Vito A. Mastrangelo, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE KASSERMAN delivered the opinion of the court:

Defendant, Bernard Davis, was charged by information with residential burglary and felony theft. During trial on these charges, defendant's counsel requested and received a jury instruction on misdemeanor theft. The jury subsequently returned a verdict of guilty on misdemeanor theft but not guilty on residential burglary and felony theft. After the jury was discharged, the State gave...

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