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21 Ill. App. 3d 431

People v. McNeal

Appellate Court of Illinois

Decided August 15, 1974

Appellate Court of Illinois · decided 1974-08-15

Relies on 56 Ill. 2d 493 - People v. Lilly · 46 Ill. 2d 405 - The PEOPLE v. Whittington · 57 Ill. 2d 127 - People v. Ellis

Decided 1974-08-15

Mr. JUSTICE TRAPP

¶1delivered the opinion of the court:

¶2Defendant appeals his conviction of burglary and theft entered upon jury verdicts. The court imposed sentence of 1 to 3 years.

¶3The opinion of the supreme court in People v. Ellis, 57 Ill.2d 127, 311 N.E.2d 98, controls the first issue raised upon appeal.

¶4 Defendant correctly urges that the theft for which he was convicted was not independently motivated or otherwise separable from the acts constituting the burglary. Under such circumstances the conviction of theft must be reversed. People v. Lilly, 56 Ill.2d 493, 309 N.E.2d 1; People v. Whittington, 46 Ill.2d 405, 265 N.E.2d 679.

¶5 The conviction of burglary and the sentence imposed are affirmed. The conviction for theft is reversed and the cause is remanded to the trial court with directions to issue an amended mittimus.

¶6Affirmed in part, reversed in part and remanded with directions.

¶7SMITH, P. J., and SIMKINS, J., concur,

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