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PEOPLE v. BORGEN

No. 2-94-0719.

668 N.E.2d 234 (1996)

282 Ill. App.3d 116

218 Ill.Dec. 71

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Boyd BORGEN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 9, 1996.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (court-appointed), Kim M. DeWitt (court-appointed), Office of the State Appellate Defender, Elgin, for Boyd Borgen.

Douglas P. Floski, Ogle County State's Attorney, Oregon, William L. Browers, Deputy Director, Marshall M. Stevens, State's Attorney Appellate Prosecutors, Elgin, for People.

Justice BOWMAN delivered the opinion of the court:

Defendant, Boyd Borgen, was charged with one count of burglary (720 ILCS 5/19-1(a) (West 1994)). A jury found defendant guilty, and the trial court sentenced him to seven years' imprisonment. Defendant now appeals both his conviction and sentence. We reverse his conviction.

The facts relevant to our decision are as follows. On July 14, 1993, defendant was charged by information with one count of burglary ...

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