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PEOPLE v. HARLACHER

No. 2-92-0028.

634 N.E.2d 366 (1994)

262 Ill. App.3d 1

199 Ill.Dec. 527

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kerry HARLACHER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 13, 1994.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Patrick M. Carmody, Office of the State Appellate Defenders, Elgin, Linda A. Giesen, Law Offices of Henry S. Dixon, Dixon, for Kerry Harlacher.

Paul A. Logli, Winnebago County State's Atty., William L. Browers, Deputy Director, Robert J. Biderman, State's Attys. Appellate Prosecutors, David E. Mannchen, Staff Atty., State's Atty. Aplt. Serv. Comm., Springfield, for the People.

Justice BOWMAN delivered the opinion of the court:

The defendant, Kerry Harlacher, was charged by indictment with two counts of aggravated criminal sexual abuse (counts I and III) (Ill.Rev.Stat.1991, ch. 38, par. 12-16(a)(1) (now 720 ILCS, 5/12-16(a)(1) (West 1992))) and one count of armed violence (count II) (Ill.Rev.Stat.1991, ch. 38, par. 332 (now 720 ILCS 5/33A-2 (West 1992))). FoHowing the severance of count III, a...

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