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PEOPLE v. SMITH

No. 3-90-0859.

582 N.E.2d 317 (1991)

221 Ill. App.3d 605

164 Ill.Dec. 109

The PEOPLE of the State of Illinois, Plaintiff-Appellee. v. T.L. SMITH, Defendant-Appellant.

Appellate Court of Illinois, Third District.

December 9, 1991.

Attorney(s) appearing for the Case

David P. Bergschneider, Asst. Defender, Office of State Appellate Defender, Springfield, Robert Agostinelli, Deputy Defender, Office of the State Appellate Defender, Ottawa, Robert H. Kunz, Trial Counsel, Peoria, Lawrence J. Essig (argued), Springfield, for T.L. Smith.

Gary F. Gnidovec (argued), States' Attys. Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Atty., Peoria, for the People.

Justice GORMAN delivered the opinion of the court:

The defendant, T.L. Smith, was indicted on one count of aggravated criminal sexual assault for allegedly fondling and having sexual intercourse with L.H., an eleven year old girl.

At the time of the incidents, Smith was living with L.H., her mother, her brother and her sister. L.H. testified as to two separate instances of abuse. The first time, Smith came into the bedroom which the victim shared with her...

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