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PEOPLE v. KINER

No. 3-85-0063.

143 Ill. App.3d 366 (1986)

493 N.E.2d 345

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GARY KINER, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed May 12, 1986.

Attorney(s) appearing for the Case

Robert Agostinelli and Kenneth D. Brown, both of State Appellate Defender's Office, of Ottawa, for appellant.

Gary L. Peterlin, State's Attorney, of Ottawa (John X. Breslin and Gary F. Gnidovec, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE BARRY delivered the opinion of the court:

The defendant, Gary Kiner, was convicted following a bench trial of two counts of aggravated incest and two counts of rape. He was sentenced to concurrent terms of six years' imprisonment on the rape convictions only. On appeal, the defendant asserts that he was not proved guilty beyond a reasonable doubt and that the trial court erred in refusing to allow him to be sentenced under the new...

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