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PEOPLE v. ROCHA

No. 2-88-0942.

191 Ill. App.3d 529 (1989)

547 N.E.2d 1335

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. GILBERTO E. ROCHA, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed December 13, 1989.

Attorney(s) appearing for the Case

Dennis Schumacher, State's Attorney, of Oregon (William L. Browers and Mary Beth Burns, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

James P. Minnihan and Timothy William Johnson, both of Minnihan Law Offices, of Sycamore, for appellee.

Reversed and remanded.

JUSTICE WOODWARD delivered the opinion of the court:

The defendant, Gilberto Rocha, was arrested for the crime of aggravated criminal sexual assault in violation of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, par. 12-14(b)(1)). Pursuant to the statutory hearsay exception pertaining to victims of sexual abuse under age 13 (Ill. Rev. Stat. 1987, ch. 38, par. 115-10), the State filed notice of its intent to offer the out-of...

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