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PEOPLE v. KILLEN

No. 4-90-0760.

577 N.E.2d 560 (1991)

217 Ill. App.3d 473

160 Ill.Dec. 430

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Thomas KILLEN, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

August 22, 1991.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Lawrence J. Essig, Asst. Defender, for defendant-appellant.

Donald M. Cadagin, State's Atty., Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, David E. Mannchen, Staff Atty., for plaintiff-appellee.

Justice STEIGMANN delivered the opinion of the court:

Following a jury trial, defendant, Thomas Killen, was convicted of aggravated criminal sexual abuse (Ill.Rev.Stat. 1989, ch. 38, par. 12-16(d)) and sentenced to four years' probation with the condition that he serve 180 days in jail. Defendant appeals, arguing that (1) the issues instructions incorrectly referred to sexual conduct, instead of sexual penetration, (2)...

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