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PEOPLE v. MENNENGA

No. 4-89-0563.

195 Ill. App.3d 204 (1990)

551 N.E.2d 1386

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. PHILLIP D. MENNENGA, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied April 19, 1990.

Attorney(s) appearing for the Case

Thomas J. Difanis, State's Attorney, of Urbana (Kenneth R. Boyle, Robert J. Biderman, and Timothy J. Londrigan, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Glenn A. Stanko, of Reno, O'Byrne & Kepley, of Champaign, for appellee.

Reversed and remanded.

JUSTICE LUND delivered the opinion of the court:

The circuit court of Champaign County dismissed count I of an information charging Phillip D. Mennenga, defendant, with aggravated criminal sexual assault. (Ill. Rev. Stat. 1987, ch. 38, par. 12-14.) We must first determine whether there is appellate jurisdiction.

An information was filed on March 17, 1989, charging defendant in count I with aggravated criminal sexual assault,...

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