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PEOPLE v. POSEDEL

No. 2-89-0010.

573 N.E.2d 256 (1991)

214 Ill. App.3d 170

157 Ill.Dec. 838

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dale L. POSEDEL, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 28, 1991.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Barbara R. Paschen, Office of the State Appellate Defender, Elgin, for Dale Posedel.

Michael J. Waller, Lake County State's Atty., William L. Browers, Deputy Director, Lawrence M. Bauer, State's Attys, Appellate Prosecutor, for the People.

Justice UNVERZAGT delivered the opinion of the court:

The defendant, Dale L. Posedel, appeals his conviction in a bench trial of two counts of aggravated battery (Ill.Rev.Stat.1987, ch. 38, pars. 12-4(a), (b)(1)) and his sentence to the Department of Corrections for a four-year term. He raises these issues: (1) whether the court committed reversible error when it refused to consider a prior inconsistent statement of a witness as substantive evidence under section...

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