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PEOPLE v. RAINWATER

No. 5-89-0141.

566 N.E.2d 822 (1991)

207 Ill. App.3d 1096

152 Ill.Dec. 945

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael R. RAINWATER, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

January 28, 1991.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Rita K. Peterson, Asst. Defender, Office of the State Appellate Defender, Mount Vernon, for defendant-appellant.

Kathryn Dobrinic, State's Atty., Hillsboro, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Scott A. Manuel, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mount Vernon, for plaintiff-appellee.

Justice HOWERTON delivered the opinion of the court:

Michael Rainwater's lawyer left the courthouse, giving the court no place where he could be reached while a jury deliberated Rainwater's fate on criminal sexual assault charges.

When the jury retired, the court and counsel conferred:

"THE COURT: If you leave? [COUNSEL]: I will waive my presence during the ... [.] THE COURT: So, we will bring your client back to the courtroom...

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