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PEOPLE v. GUTIERREZ

No. 3-86-0756.

156 Ill. App.3d 555 (1987)

509 N.E.2d 787

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JERRY GUTIERREZ, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed June 22, 1987.

Attorney(s) appearing for the Case

Peter A. Carusona, of State Appellate Defender's Office, of Ottawa, for appellant.

Edward Petka, State's Attorney, of Joliet (Walter P. Hehner, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Affirmed as modified.

JUSTICE SCOTT delivered the opinion of the court:

Following a jury trial, the defendant, Jerry Gutierrez, was convicted of two counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, pars. 12-14(a)(2), 12-14(b)(2)), and sentenced to two concurrent 10-year terms of imprisonment.

The evidence at trial established the following. Twelve-year-old Laura Oviedo had been hospitalized for behavioral problems, drug use...

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