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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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