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PEOPLE v. SANDOVAL

No. 2-87-0309.

178 Ill. App.3d 669 (1989)

533 N.E.2d 980

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. SANTIAGO SANDOVAL, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed January 13, 1989.

Attorney(s) appearing for the Case

Robert P. Will, Jr., of Will & Briscoe, Ltd., of Waukegan, for appellant.

Fred L. Foreman, State's Attorney, of Waukegan (William L. Browers, John X. Breslin, and Nancy Rink Carter, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE NASH delivered the opinion of the court:

After trial by jury defendant, Santiago Sandoval, was found guilty of two counts of criminal sexual assault (penis in anus, penis in mouth) (Ill. Rev. Stat. 1985, ch. 38, par. 12-13(a)(1)) and battery (Ill. Rev. Stat. 1985, ch. 38, par. 12-3) as a lesser-included offense; he was found not guilty by the jury of aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12-14...

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