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PEOPLE v. O'BRIEN

No. 78-151.

74 Ill. App.3d 256 (1979)

392 N.E.2d 967

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES F. O'BRIEN, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied August 15, 1979.

Attorney(s) appearing for the Case

Robert Agostinelli and Michael Filipovic, both of State Appellate Defender's Office, of Ottawa, for appellant.

William D. Henderson, State's Attorney, of Macomb (Raymond F. Buckley, Jr., and Curtis L. Blood, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE ALLOY delivered the opinion of the court:

Defendant James F. O'Brien appeals from a conviction in the Circuit Court of McDonough County of the offense of attempt deviate sexual assault. (Ill. Rev. Stat. 1977, ch. 38, pars. 8-4(a), 11-3(a).) After conviction in the jury trial, the court sentenced the defendant to a five-year term of probation and ordered him to pay a fine of $5,000. Two issues are raised by the defense on this...

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