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PEOPLE v. CABAN

No. 2-91-0855.

623 N.E.2d 1025 (1993)

251 Ill. App.3d 1030

191 Ill.Dec. 435

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edward CABAN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 19, 1993.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Barbara R. Paschen, Office of the State Appellate Defender, Elgin, Brewe, Franklin D. Brewe (Trial Counsel), for Edward Caban.

Dallas C. Ingemunson, Kendall County State's Atty., William L. Browers, Deputy Director, Robert J. Biderman, State's Attys. Appellate Prosecutor, Springfield, James W. Dodge, State's Atty. Appellate Prosecutor of Counsel, for the People.

Justice DOYLE delivered the opinion of the court:

Following a bench trial in the circuit court of Kendall County, defendant, Edward Caban, was convicted of residential burglary (Ill.Rev.Stat.1991, ch. 38, par. 19-3(a) (now 720 ILCS 5/19-3(a) (West 1992))) and felony theft (Ill.Rev.Stat.1991, ch. 38, par. 16-1(a)(1)(A) (now 720 ILCS 5/16-1(a)(1)(A) (West 1992))). The sole issue raised on appeal is whether defendant was proved guilty of residential burglary beyond a...

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