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PEOPLE v. McDONALD

Nos. 63204, 63240 cons.

125 Ill.2d 182 (1988)

530 N.E.2d 1351

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ROBERT McDONALD et al., Appellants. — THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. MARK HICKS, Appellant.

Supreme Court of Illinois.

Rehearing denied December 5, 1988.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, and Rita K. Peterson, Assistant Defender, of the Office of the State Appellate Defender, of Mount Vernon, for appellants Robert McDonald et al.

Howard B. Eisenberg, of Carbondale, for appellant Mark Hicks.

Neil F. Hartigan, Attorney General, of Springfield (Shawn W. Denny, Solicitor General, and Terence M. Madsen and David E. Bindi, Assistant Attorneys General, all of Chicago, of counsel), for the People.

Appellate court reversed; circuit court reversed; sentences vacated; causes remanded.

CHIEF JUSTICE MORAN delivered the opinion of the court:

Defendants, Robert McDonald, Rodney Burts and Mark Hicks, were indicted in St. Clair County for the rape and aggravated kidnapping of a Collinsville woman. By separate indictment, Burts was charged with an additional count of rape. (See Ill. Rev. Stat. 1983, ch. 38, pars. 10-2(a)(5), 11-(1)(a).) All of the defendants...

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