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PEOPLE v. PLANTE

No. 2-92-0221.

624 N.E.2d 850 (1993)

253 Ill. App.3d 472

191 Ill.Dec. 662

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael J. PLANTE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 6, 1993.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Office of State Appellate Defender, Elgin, David W. Devinger, Woodstock, Kim M. DeWitt, Office of State Appellate Defender, Elgin, Brad Swearingen, North Aurora, for Michael J. Plante.

Dallas C. Ingemunson, Kendall County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Constance Augsburger, Mt. Morris, Jay Wiegman, Springfield, for People.

Justice GEIGER delivered the opinion of the court:

The defendant, Michael J. Plante, was convicted of burglary (Ill.Rev.Stat.1991, ch. 38, par. 19-1(a) (now 720 ILCS 5/19-1(a) (West 1992))) after a bench trial. On appeal, defendant contends that (1) the trial court should not have imposed a fine and ordered restitution in an amount equal to the bail posted for him by a third person without first considering his ability to pay that amount and (2) he is entitled to...

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