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PEOPLE v. SPENCER

No. 79-800.

95 Ill. App.3d 215 (1981)

419 N.E.2d 960

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ERASTUS SPENCER, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied May 13, 1981.

Attorney(s) appearing for the Case

Mary Robinson and Kyle Wesendorf, both of State Appellate Defender's Office, of Elgin, for appellant.

Gene Armentrout, State's Attorney, of Wheaton (Phyllis J. Perko and Marshall Stevens, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE VAN DEUSEN delivered the opinion of the court:

The defendant, Erastus Spencer, was found guilty by a jury of the offenses of rape and burglary in the circuit court of Kane County and sentenced to concurrent terms of imprisonment of three years for the burglary and 12 years for rape. On March 8, 1979, the defendant had broken into the victim's apartment and, under the threat of choking her if she did not remain silent, raped her...

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