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PEOPLE v. RODRIQUEZ

No. 77-442.

58 Ill. App.3d 775 (1978)

374 N.E.2d 1062

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID RODRIQUEZ, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed March 30, 1978.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Lee McMahon and Suzanne M. Xinos, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Kenneth McCurry, and Carol A. Kearney, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE DIERINGER delivered the opinion of the court:

David Rodriquez (hereinafter called "defendant"), was charged with indecent liberties with a child, deviate sexual assault and rape. The jury returned verdicts of guilty as to indecent liberties with a child and deviate sexual assault. They were unable to reach a verdict on the charge of rape and a mistrial was declared as to that count. The defendant was sentenced to the penitentiary...

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