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PEOPLE v. BROWN

No. 2-86-1172.

170 Ill. App.3d 273 (1988)

524 N.E.2d 742

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KEITH BROWN, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed June 6, 1988.

Attorney(s) appearing for the Case

G. Joseph Weller, of State Appellate Defender's Office, of Elgin, and Daniel D. Yuhas and David Bergschneider, both of State Appellate Defender's Office, of Springfield, for appellant.

Robert J. Morrow and Robert F. Casey, State's Attorneys, of Geneva, and Kevin T. McClain, of Immel, Zelle, Ogren, McClain, Germeraad & Costello, of Springfield (William L. Browers and Robert J. Biderman, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE WOODWARD delivered the opinion of the court:

On May 13, 1986, defendant, Keith Brown, was charged by indictment with aggravated criminal sexual assault. On November 6, 1986, he was convicted in a jury trial. Defendant was sentenced to a term of 12 years' imprisonment.

On appeal defendant raises the following issues: (1) the trial court erred in admitting as a spontaneous declaration the details of a statement which the...

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