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PEOPLE v. LAYHEW

No. 69657.

139 Ill.2d 476 (1990)

564 N.E.2d 1232

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. WAYNE LAYHEW, Appellee.

Supreme Court of Illinois.

Opinion filed November 30, 1990.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Frederick Turner, State's Attorney, of Golconda (Robert J. Ruiz, Solicitor General, Terence M. Madsen and Steven J. Zick, Assistant Attorneys General, of Chicago, and Kenneth R. Boyle, Stephen E. Norris and Gerry R. Arnold, of the Office of the State's Attorneys Appellate Prosecutor, of Mount Vernon, of counsel), for the People.

Daniel M. Kirwan, Deputy Defender, of Mount Vernon, Daniel D. Yuhas, Deputy Defender, and Lori L. Mosby, Assistant Defender, both of Springfield, all of the Office of the State Appellate Defender, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE RYAN delivered the opinion of the court:

The circuit court of Pope County convicted defendant, Wayne Layhew, of aggravated criminal sexual assault and sentenced him to 13 years' imprisonment. The fifth district of the appellate court reversed defendant's conviction and remanded the cause, holding that the trial court's failure to provide sua sponte the jury with a written instruction specifically...

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