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PEOPLE v. LUNA

No. 78-234.

81 Ill. App.3d 246 (1980)

401 N.E.2d 662

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. AMBROSIO LUNA, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed March 17, 1980.

Attorney(s) appearing for the Case

Mary Robinson and Elizabeth E. Clarke, both of State Appellate Defender's Office, of Elgin, for appellant.

T. Jordan Gallagher, State's Attorney, of Sycamore (Phyllis J. Perko and Barbara A. Preiner, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE WOODWARD delivered the opinion of the court:

Following a jury trial, defendant, Ambrosio Luna, was found guilty of deviate sexual assault and was sentenced to 6 to 12 years' imprisonment. Defendant appeals.

On September 29, 1979, we filed our original opinion in this case; on October 2, 1979, our supreme court announced its decision in People v. Spates (1979), 77 Ill.2d 193

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