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PEOPLE v. BYAS

No. 82-351.

117 Ill. App.3d 979 (1983)

453 N.E.2d 1141

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHARLES BYAS, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed September 7, 1983.

Attorney(s) appearing for the Case

Robert Agostinelli and Thomas A. Lilien, both of State Appellate Defender's Office, of Ottawa, for appellant.

Edward F. Petka, State's Attorney, of Joliet (John X. Breslin, Gerry R. Arnold, and Rita Kennedy Mertel, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

JUSTICE ALLOY delivered the opinion of the court:

The defendant was charged with one count of rape and two counts of armed violence. In a bench trial, the court convicted him of all charges and sentenced him to concurrent terms of 20 years in prison.

The complainant was 13 years old at the time of the rape. On October 5, 1981, sometime between 8:15 and 8:20 a.m., she left home to walk to school. As she was walking along a sidewalk...

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