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PEOPLE v. MITCHELL

No. 2-90-0281.

588 N.E.2d 1247 (1992)

225 Ill. App.3d 708

168 Ill.Dec. 3

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David Lynn MITCHELL, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied April 6, 1992.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Kathleen J. Hamill, Office of the State Appellate Defender, Elgin, George Fisher, Trial Counsel, for David Lynn Mitchell.

Dennis Schumacher, Ogle County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Martin P. Moltz, State's Atty. Appellate Prosecutor, Elgin, for the People.

Justice BOWMAN delivered the opinion of the court:

The defendant, David Lynn Mitchell, was charged by information with criminal sexual assault (Ill.Rev.Stat.1987, ch. 38, par. 12-13(a)(3)) and aggravated criminal sexual assault (Ill.Rev.Stat.1987, ch. 38, par. 12-14(b)(1)). Following a jury trial, defendant was found guilty of both offenses. The trial judge granted defendant's motion for a new trial as to the criminal sexual assault conviction and denied the motion...

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