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PEOPLE v. GARRETT

No. 4-90-0184.

566 N.E.2d 33 (1991)

207 Ill. App.3d 458

152 Ill.Dec. 505

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John GARRETT, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

January 17, 1991.

Attorney(s) appearing for the Case

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

Chris E. Freese, Sp. Prosecutor, Nessler, Freese & Elmore, Ltd., Sullivan, Kenneth R. Boyle, Director, Robert J. Biderman, Deputy Director, James Majors, Staff Atty., State's Attys. Appellate Prosecutors, Springfield, for plaintiff-appellee.

Presiding Justice LUND delivered the opinion of the court:

Defendant John Garrett was convicted in the circuit court of Douglas County of criminal sexual assault (Ill.Rev.Stat.1989, ch. 38, par. 12-13(a)(2)) by jury trial. The information charged the defendant, "knowing that D.S.H. was unable to give knowing consent, knowingly committed an act of sexual penetration with D.S.H." Defendant appeals from the conviction, contending there was reversible error because the...

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