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PEOPLE v. CARRILLO

No. 59683.

27 Ill. App.3d 603 (1975)

327 N.E.2d 1

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTONIO CARRILLO, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

April 7, 1975.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Saul H. Brauner and Richard D. Kharas, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., and Thomas D. Rafter, Assistant State's Attorneys, and P. Mark Thompson, Law Student, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE EGAN delivered the opinion of the court:

The defendant, Antonio Carrillo, was convicted of rape and burglary after a bench trial and sentenced to terms of 6 to 18 years for rape and 3 to 9 years for burglary. The defendant contends that he was entitled to discharge under the four-term act (Ill. Rev. Stat. 1971, ch. 38, par. 103-5 (a)); he was not proved guilty of rape beyond a reasonable doubt; and the State failed to prove the...

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