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PEOPLE v. KERNS

No. 4-91-0570.

595 N.E.2d 207 (1992)

229 Ill. App.3d 938

172 Ill.Dec. 144

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sean KERNS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

June 11, 1992.

Attorney(s) appearing for the Case

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

Tony Lee, State's Atty., Paxton, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, David E. Mannchen, Staff Atty., for plaintiff-appellee.

Justice COOK delivered the opinion of the court:

After a jury trial in the circuit court of Ford County, defendant, Sean Kerns, was found guilty of aggravated criminal sexual assault, a nonprobationable Class X felony (Ill.Rev.Stat.1989, ch. 38, pars. 12-14(b)(2)(ii), (d)), for placing his penis in the anus of nine-year-old B.P. Defendant was sentenced to six years' imprisonment. Defendant appeals. We reverse and remand.

At the jury trial which commenced on...

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