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PEOPLE v. SPARKS

No. 3-90-0851.

582 N.E.2d 314 (1991)

221 Ill. App.3d 546

164 Ill.Dec. 106

PEOPLE of the State of Illinois, Plaintiff-Appellant v. Roger Lee SPARKS, Defendant-Appellee.

Appellate Court of Illinois, Third District.

November 27, 1991.

Attorney(s) appearing for the Case

Nancy Rink Carter (argued), State's Attys. Appellate Prosecutor, Ottawa, Edward Burmila, Jr., Will County State's Atty., Joliet, for the People.

Fred M. Morelli, Jr. (argued), Morelli & Cook, Aurora, for Roger Lee Sparks.

Justice McCUSKEY delivered the opinion of the court:

The defendant, Roger Lee Sparks, was indicted for Criminal Sexual Assault (Count I) and Criminal Sexual Abuse (Count II) in violation of sections 12-13(a)(4) and 12-15(c), respectively, of the Criminal Code of 1961 (Ill.Rev.Stat.1989, ch. 38, pars. 12-13(a)(4), 12-15(c)). The trial court dismissed Count I of the indictment by finding the State failed to state an indictable offense. The State claims the trial court...

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