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PEOPLE v. VILT

No. 3-83-0041.

119 Ill. App.3d 832 (1983)

457 N.E.2d 136

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DONALD VILT, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed November 23, 1983.

Attorney(s) appearing for the Case

L. Patrick Power, State's Attorney, of Kankakee (John X. Breslin and Gerry R. Arnold, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Robert Agostinelli and Verlin R.F. Meinz, both of State Appellate Defender's Office, of Ottawa, for appellee.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

This is an appeal by the State from an order vacating the conviction of the defendant, Donald Vilt, for deviate sexual assault. The issues raised on appeal concern the following procedural sequence.

The defendant was charged in a four-count indictment with rape, aggravated kidnaping, and two counts of deviate sexual assault. One count of deviate sexual assault charged that the...

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