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PEOPLE v. BURT

No. 2-85-0321.

142 Ill. App.3d 833 (1986)

492 N.E.2d 233

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. VICTOR BURT, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed April 22, 1986.

Attorney(s) appearing for the Case

G. Joseph Weller and Paul J. Glaser, both of State Appellate Defender's Office, of Elgin, for appellant.

Robert Morrow, State's Attorney, of Geneva (William L. Browers and Martin P. Moltz, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

JUSTICE HOPF delivered the opinion of the court:

Defendant, Victor Burt, was charged by indictment with three counts of criminal sexual assault (Ill. Rev. Stat., 1984 Supp., ch. 38, par. 12-13(a)(2)), but was found unfit to stand trial. Defendant moved for a discharge hearing pursuant to section 104-25 of the Code of Criminal Procedure of 1963. (Ill. Rev. Stat. 1983, ch. 38, par. 104-25.) At that hearing, defendant was found guilty beyond...

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