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PEOPLE v. SCHMITT

No. 4-89-0264.

562 N.E.2d 377 (1990)

204 Ill. App.3d 820

149 Ill.Dec. 913

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Timothy SCHMITT, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied November 27, 1990.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, David Bergschneider, Asst. Defender, for defendant-appellant.

Scott H. Walden, State's Atty., Quincy, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Denise M. Ambrose, Sr. Staff Atty., for plaintiff-appellee.

Justice McCULLOUGH delivered the opinion of the court:

An Adams County jury convicted the defendant of aggravated criminal sexual assault (Ill.Rev.Stat.1987, ch. 38, par. 12-14) and criminal sexual assault (Ill.Rev.Stat. 1987, ch. 38, par. 12-13). At trial, the victim, defendant's nine-year-old son, C.S., testified via closed circuit television, as permitted by section 106A-3 of the Code of Criminal Procedure of 1963 (Code) (Ill.Rev. Stat.1987, ch. 38, par. 106A-3...

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