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PEOPLE v. MALKIEWICZ

No. 79-78.

86 Ill. App.3d 417 (1980)

408 N.E.2d 47

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EDWARD MALKIEWICZ, JR., Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed July 16, 1980.

Attorney(s) appearing for the Case

Mary Robinson and David S. Morris, both of State Appellate Defender's Office, of Elgin, for appellant.

Dennis P. Ryan, State's Attorney, of Waukegan (Phyllis J. Perko and Barbara Preiner, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE UNVERZAGT delivered the opinion of the court:

The defendant was convicted by a jury in Lake County of rape, deviate sexual assault and armed violence (Ill. Rev. Stat. 1979, ch. 38, pars. 11-1(a), 11-3(a) and 33A-2), and was sentenced to three concurrent terms of 30 years. The defendant raised 12 issues on appeal. We consider only two of those issues: whether the defendant's right to remain silent was violated by the prosecutor...

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